Living in a homeowners’ association (HOA) community is supposed to be about shared amenities, landscaped grounds, and managed maintenance. But what happens if those shared spaces become dangerous? Can you hold your HOA legally responsible if you slip, fall, and suffer an injury?
In many cases, the answer is yes, but it depends on the details.
Recent stats show that more than 8.5 million people visited the ER for fall-related injuries; it’s not a rare scenario. That’s why it’s crucial to understand your rights and your HOA’s responsibilities if you’ve experienced injury on shared property.
Who Is Responsible for Common Area Safety?
Homeowners’ associations are legally obligated to keep shared spaces safe and well-maintained. This includes:
- Walkways
- Stairwells
- Sidewalks
- Lobbies
- Parking lots
- Outdoor recreation areas
If a hazard is present, like a broken step or ripped carpet, and the HOA fails to see to it in a reasonable amount of time, they can be held liable for injuries that occur.
In legal terms, this falls under premises liability. The HOA isn’t expected to prevent every possible accident, but it must address known hazards and take reasonable steps to keep common areas safe.
In Pennsylvania, the Uniform Condominium Act reinforces this responsibility, requiring associations to maintain and repair common elements. When that duty is ignored and someone gets hurt, the HOA may not just be breaching its agreement — it could also be found negligent under state law.
Slip and Fall Scenarios That Could Lead to a Claim
Some of the most common slip-and-fall hazards in HOA communities include:
- Cracked or uneven pavement
- Poor lighting in stairwells or walkways
- Water leaks or spills left unaddressed
- Worn carpets or broken floor tiles
- Lack of handrails or damaged stair treads
If your fall was caused by worn or poorly maintained steps, that could point to a broader safety issue in your building.
Features like secure footing and clear visual contrast on staircases can help prevent future accidents. It might be worth discussing with your HOA why stair treads are a wise investment, both for resident safety and to avoid potential legal claims.
Fall prevention is critical. Zooming in on the aging population, costs of non-fatal falls among older Americans total $80 million annually. Even simple safety upgrades can help prevent serious expenses and liability.
Proving HOA Negligence
To successfully sue your HOA, you generally need to show:
- The HOA was responsible for maintaining the area where you fell.
- They knew (or should have known) about the hazard.
- They failed to fix it or warn residents in a reasonable time.
- That failure directly caused your injury.
For example, your claim may be valid if you slipped on an icy sidewalk days after a storm, and no effort was made to clear it. On the other hand, if you fell during the storm itself, the HOA might not be found negligent because they didn’t have enough time to address the issue.
In Pennsylvania, courts follow the “hills and ridges” doctrine for ice-related claims (based on the 1970 court case, Tolbert vs. Gillette, 438 Pa. 63). That means you must show that the ice had accumulated in dangerous formations and wasn’t cleared in a reasonable timeframe — simply slipping on freshly fallen snow usually isn’t enough.
What If the HOA Uses a Maintenance Company?
Many HOAs contract out their landscaping, snow removal, or property maintenance. This can complicate things, but it doesn’t mean the HOA is entirely off the hook.
They are still responsible for selecting reliable vendors and ensuring the work is done correctly. If the contractor fails and someone gets hurt, the contractor and the HOA may share liability.
Does the HOA Pay for My Injury?
If you are injured in a slip and fall, your health insurance is typically the first place to go for payment. If you have a co-payment, a liable party could cover this. A personal injury lawsuit here could also help cover missed wages or income due to an injury, emotional pain and suffering, and more.
Most HOAs carry liability insurance, and any settlement or court award would typically be paid by that policy. That’s what the insurance is there for.
So, if you’re worried that suing your HOA will cause a spike in dues or hurt your neighbors financially, keep in mind that the legal and financial responsibility lies with the association’s insurer.
In cases of serious injury, filing a claim may be necessary to cover medical bills, lost income, and long-term health costs. It’s about protecting your well-being, not about being confrontational.
What About Renters?
Yes — as a renter, you still have the right to bring a claim against the HOA if you’re injured in a common area.
That said, much of the communication with the HOA may go through your landlord, especially regarding documentation or reporting hazards. That’s why it is vital to maintain a healthy relationship with your landlord, especially in times like this when you’ll need their cooperation.
Slip and Fall in Pennsylvania: What You Should Know
Pennsylvania follows a modified comparative negligence rule. That means your compensation could be reduced if you’re found partly at fault for your injury. If you’re more than 50% at fault, you may be unable to recover anything.
That’s why it’s important to speak with a legal professional who understands state law and can evaluate whether your HOA was truly negligent.
One trusted option for Pennsylvania residents is Cohen, Feeley, Altemose & Rambo, a personal injury law firm with deep experience handling injury claims, like pedestrian accidents, and property-related accidents in the Allentown area. They can help you understand your rights and clearly guide you through the claims process.
If you’ve suffered a slip and fall injury in your HOA community, you don’t have to just live with it. Whether it’s a failure to maintain shared property or a delay in removing known hazards, HOAs are responsible for keeping residents safe.