Strict liability

Understanding Strict Liability in Homeowner Associations

Strict liability is a legal term that refers to the responsibility for damages or injuries, even if the person or entity held liable did not act negligently or with intentional misconduct. It’s a doctrine widely applied in various fields of law, including in the context of homeowner associations (HOAs).

For homeowner associations, strict liability often applies to incidents involving common areas, shared facilities, and infrastructure. For instance, if a resident or guest is injured in a common area due to a facility’s defectiveness or unsafe condition, the HOA could be held strictly liable for the injury, regardless of whether the association knew about the dangerous condition.

Strict liability necessitates HOAs to maintain all communal areas, such as swimming pools, elevators, hallways, and parks, in safe conditions. Failure to do so could result in the HOA being held liable for damages, even if there was no actual negligence or fault on the part of the association.

However, the application of strict liability can be complex and may vary depending on the specific laws and regulations of the state or jurisdiction. As such, it is crucial for HOAs to have a comprehensive understanding of their responsibilities and potential liabilities under the doctrine of strict liability.

HOAs should have sufficient insurance coverage to protect against potential strict liability claims. Proactive maintenance and regular safety checks of common areas and shared facilities can also prevent incidents that could lead to strict liability.