Condominium HOA – Standard of Care Regarding Criminal Conduct of a Third Party

 

A condominium association may properly be held to a landlord's standard of care as to the common areas under its control. Hence, in an action against a condominium owners association and individual members of its board by a unit owner who was raped and robbed in her dwelling, plaintiff alleged facts sufficient to show that there existed a duty on the part of the association, that defendant might have breached that duty of care by failing to respond in a timely manner to the need for additional exterior lighting and by ordering plaintiff to disconnect the additional lights that she had installed herself, and that this negligence, if established, was the legal cause of her injuries; thus, the trial court erred in sustaining defendants' general demurrer to plaintiff's cause of action for negligence as to the association. It was not necessary that the prior crimes the association was alleged to be aware of were identical to the ones perpetrated against plaintiff; the association need not have foreseen the precise injury to plaintiff, as long as the possibility of this type of harm was foreseeable. Frances T. v. Village Green Owners Assn., (1986) 42 Cal. 3d 490, 723 P.2d 573, 229 Cal. Rptr. 456, 1986 Cal. LEXIS 253, 59 A.L.R.4th 447

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