Does your Condominium Association Have Knowledge of Dangerous Conditions On-Site?
If you live in a condominium association and are aware of a dangerous condition on-site, hopefully it is fixed before your association becomes the subject of a lawsuit. Recently, the Illinois Appellate Court held that if a condominium association has constructive knowledge of a dangerous condition, it can be held liable if anyone is injured as a result.
In the case of Scepley v. The Condominiums of Logan Square, which is not published, the plaintiff was delivering a parcel to the association when he was injured due to a hole in the ground. The court determined that the condominium association should have kept the common elements in a safe condition, and as long as the association had constructive knowledge of the dangerous condition, that was sufficient for the association to be held liable. Note that constructive knowledge is not the same thing as actual knowledge. Undoubtedly the association would also have been found liable if they actually knew of the dangerous condition. Constructive knowledge is more of a “should have known” type of standard – the association should reasonably have known of the dangerous condition. Whether or not they actually did know is irrelevant.
As a condominium board member or a condominium owner, you should take care to keep the common elements of your association safe! The related expense and hassle could pale in comparison to a lawsuit if someone is injured.