The established standard that a condominium owner does not have and actionable premises liability claim against the association is under review by the Michigan Supreme Court. As co-owners of common areas and as an association member, condominium owners are not considered licensees or invitees. Accordingly, under Francescutti v Fox Chase Condo Association, 312 Mich App 640 (2015) the association does not owe a duty in premises liability to a co-owner.

That standard is now before the Michigan Supreme Court after leave was granted in Daoud Mousa Janini v London Townhouses Condominium Association, unpublished order of the Court of Appeals, entered December 30, 2020 (Docket No. 355191). Janini as an owner and occupant of a condominium association sued its association for breaching its duty to remove snow and ice from the sidewalk and parking lot of the condominium complex. The association argued that under Francescutti, Janini was precluded from bringing a premises liability claim because they were owners of the condominium unit and as such were co-owners of the common areas of the condominium complex. The Court of Appeals determined that because plaintiffs were in co-owners of the condominium’s common areas they were not on land that was in the possession of another.

The Michigan Supreme Court has now ordered oral argument and supplemental briefing on the issue of whether the owner of a condominium unit is a licensee or an invitee, and whether the condominium association owes a duty to the co-owner. The Michigan Association of Justice, the Michigan Defense Trial Counsel, the Negligence Section of the State Bar of Michigan, and the Real Property Law Section of the State Bar of Michigan were also invited to file briefs amicus curiae.

The Supreme Court may ultimately consider whether limits placed by the association on an owner’s right of control over the common areas creates a duty to the owner. This would of course apply to the growing number of condominium associations across the State of Michigan. We will continue monitoring Janini as the outcome may cause a substantial rise in slip and fall filings against condominium associations.

BE ON THE LOOKOUT:

Depending on the decision of the Supreme Court, claims for premises liability against condominium associations could see a significant spike.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Premises Liability Duty to Co-Owners Under Review

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