Hill Wallack LLP’s “Classic Condo Cases” is a continuing series in which we look back at precedential Court opinions and discuss why each decision is important for community associations throughout New Jersey.
Siddons v. Cook and Country Place Condominium Association, 382 N.J. Super. 1 (App. Div. 2005).
Quick Take: Community associations have a duty to warn owners of potential, recurring conditions/deficiencies that are known to the association and may cause damage, even if those conditions/deficiencies are solely within a unit/home and not part of the common elements.
Just the Facts: Sandra Siddons owned a downstairs condominium unit; David and Wendy Cook owned the unit directly above Siddons. Both units were part of the Country Place Condominium Association (the “Association”), located in Egg Harbor, NJ. Siddons sued the Cooks and the Association after her unit suffered water damage in excess of $25,000 as a result of a broken dishwasher hose in the Cooks’ unit. The Association was aware that dishwasher hoses in other condominium units (three, to be exact) had previously cracked/broken; however, since those hoses were the unit owner’s responsibility, the Association took the position that it had no responsibility to take any affirmative action to notify the other owners.