CONDO ASSOCIATION INJURIES AND CONDO RESPONSIBILITIES

In Florida the law is that the condo owner has the obligation to maintain their premises within the four walls of their unit, but everything outside of that is the responsibility of the condo association.  Furthermore, while a condo association may delegate the task of maintaining their premises—including as to structure, walkways, landscaping, etc.—a condo association is not able to delegate the responsibility for injuries arising from bad maintenance or no maintenance at all. The case of Armiger v. Associated Outdoor Clubs, Inc., 48 So. 3d 864 (Fla. Dist. Ct. App. 2010) is instructive in defining the legal obligations of the condominium association to keep their premises reasonably safe for its members and guests, regardless of whether the condo association completes those tasks using employees or independent contractors.

To put it plainly, the condo association has the legal duty to maintain the premises in a safe condition. While it may hire outside contractors—as for landscaping services, or roof cleaning, or structural repairs—the condo association cannot shirk its legal responsibilities to members and guests to keep the premises in a safe condition. These three areas mentioned—landscaping, roofing, and structure failure–are ones in which we the attorneys at www.FightingForFamilies.com presently have severe injury cases arising from failed maintenance in these exact areas.

IS IT FAIR TO THE CONDO ASSOCIATION TO HOLD THEM ACCOUNTABLE?

Yes. Here is why. The condo association is in the unique situation of being able to control the way and timing the premises are maintained. If the condo associations could simply say they sub-contracted out the liability for keeping the landscaping in a safe condition, or the structure of the condos, or roof cleaning, then there would be no accountability to the entity which is in the best position to make sure those things are done correctly and timely. Consider, who do the residents know to report to when there is a problem? The condo association, not the vendor who comes and goes at unknown schedules.

The Armiger court put it this way:

[A]n employer is burdened with the liability resulting from the negligence of its employees; i.e., the employee’s liability is imputed to the employer.⁷ See Am. Home Assurance Co. v. Nat’l R.R. Passenger Corp., 908 So.2d 459, 467 (Fla.2005) (citing Restatement (Third) of Torts: Apportionment of Liability § 13 (2000)). “The vicariously liable party has not breached any duty to the plaintiff; its liability is based solely on the legal imputation of responsibility for another party’s tortious acts.” Id. at 468. But liability for the breach of a nondelegable duty arises from direct—instead of imputed—liability. See Goldin v. Lipkind, 49 So.2d 539, 541 (Fla.1950) (“The duty of maintaining safe premises … cannot be delegated to another.”); U.S. Sec. Servs. Corp. v. Ramada Inn, Inc., 665 So.2d 268, 270 (Fla. 3d DCA 1995) (holding that a business owner’s duty to provide its business invitees with reasonably safe premises “is a non-delegable duty which it cannot contract out of by hiring an independent contractor”).
Armiger v. Associated Outdoor Clubs, Inc., 48 So. 3d 864, 874 (Fla. Dist. Ct. App. 2010)

In Florida, it is the law that the condo association may not just blame an independent contractor nor a condo employee for the condo association’s failure to maintain the premises when their failure to do so causes injury to a condo member or guest. This is true despite that the condo association may have subcontracted the task to a third-party, but the condo association cannot divest itself of the responsibility for the safety of the premises.

As stated, right now we the attorneys at www.FightingForFamilies.com have cases involving bad landscaping which left a dangerous condition on the condo premises. We have a case involving a dangerous walkway caused by roof cleaning. We have a case currently involving part of the condo structure actually falling onto a condo member.

Trust the attorneys who have been handling condo injury cases for 25 years.

Contact us at www.FightingForFailies.com (the law offices of Frank D. Butler, PA). Call us statewide to learn your legal rights. There is never any cost or fee to you until we win your case.

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