Denver’s Fox 31 Problem Solvers asked Robinson & Henry Civil Litigation Attorney Christopher “Kit” Davlin about a problem many condo or townhome owners face in the winter. Are homeowners associations responsible for clearing snow and ice?
Kit told Fox31 that property owners and homeowners associations spell out the terms of snow and ice removal in published agreements with owners and tenants.
“In an HOA complex, that policy is going to be covered by a condo snow removal policy,” Kit said. “If you slip and fall in an HOA common area, the HOA may be responsible for not having cleared off the ice and snow. They have an absolute responsibility to do that in a timely fashion.”
Kit added that dangerous common areas not only pose a risk to residents but to management. Kit recommends residents should document any common area problems with pictures and video, and always communicate any complaints in writing.
If you’re uncertain about your HOA’s snow and ice removal policy, take a look at your neighborhood’s governing documents or reach out to an attorney to help you clarify your rights and obligations. Call 303-688-0944 for your free case assessment.