Scrocca v. Ashwood Condominium Ass'n
326 Ga. App. 226
Ga. Ct. App.2014Background
- Plaintiff Nancy Scrocca, a unit owner at Ashwood Condominiums, slipped on ice and snow on a limited common-element walkway and fractured her wrist after exiting her unit following a snowstorm.
- Scrocca did not notify the Condominium Association or management to clear the walkway before she left the unit.
- Scrocca sued Ashwood Condominium Association, Inc. and its manager, Atlanta Community Services, Inc.; the trial court granted summary judgment for the defendants.
- The condominium’s Amended and Restated Declaration allocates maintenance duties: owners must “keep” limited common elements serving their units “neat, clean and sanitary”; the association must “maintain, keep in good repair, replace and … improve or alter” certain common elements, including concrete porches, steps, stoops, and walkways.
- The dispositive question was whether the declaration imposed on the association a contractual duty to remove transient hazards such as snow and ice, or whether that duty remained with the unit owner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the condominium declaration imposed on the association a duty to remove snow and ice from the limited common-element walkway | Scrocca argued the association’s duty to “maintain…replace…improve or alter” encompassed clearing snow and ice | Defendants argued the owner’s duty to “keep…neat, clean and sanitary” assigns removal of transient foreign matter (snow/ice) to the unit owner | Court held the declaration assigns removal of snow and ice to the unit owner; summary judgment for defendants affirmed |
Key Cases Cited
- Southern Telecom v. TW Telecom of Ga., 321 Ga. App. 110 (appellate de novo review of summary judgment)
- Bradford Square Condo. Assn. v. Miller, 258 Ga. App. 240 (condominium association duties are governed by statute and instruments)
- Estate of Pitts v. City of Atlanta, 323 Ga. App. 70 (contract construction steps and ambiguity analysis)
- Anderson v. Atlanta Comm. for the Olympic Games, 273 Ga. 113 (no negligence action without legal duty)
- Bolt v. United States, 509 F.3d 1028 (9th Cir. 2007) ("clean and safe" common-area duty can include removing snow and ice)