HOA Trips & Slips by Richard Thompson
Tripping and slipping can involve both embarrassment and serious injury. The ubiquitous banana peel slip always gets a chuckle, but too often the gravity (both the law and seriousness) of the situation can cause real and lasting injury. In most of the world, the policy of Always Look Down (ALD) is essential to avoid injury. In the Third World, if you trip or slip, you have no one to blame but yourself (by UN Resolution, I believe). But in the Land O' Plenty (of lawyers and insurance), the blame often gets hung on the homeowner association. HOAs have the duty to maintain trip and slip-free conditions in the common area. These conditions can be triggered by a number of causes: - Weather (snow and ice)
- Landscape Related (overgrown bushes, moss, tree roots)
- Poor Construction (lack of handrails, improper material and design)
- Mechanical Failures (car oil leaks)
- Normal wear and tear (raised or sunken slabs, potholes, etc.)
These conditions create conditions ripe for trip and slip such as: - Raised edges over 3/8 inches. Driveways, patios, sidewalks and parking lots crack and move, sometime up and sometimes down. Tree roots or inadequate compaction are usually the culprits. Raised concrete can often be ground down without having to replace it. Sometimes it requires removal and replacement.
- Step of unusual height, like 3-4 inches. Normal steps are 6-8 inches tall. These kind of steps benefit from yellow edges which can be easily seen.
- Walkway slopes that are slippery when wet, icy or mossy. Consider installing nonskid surfaces.
- Inadequate lighting (too dim, too few fixtures, improper placement). Increase lumen output, add or move fixtures.
- Overgrown landscaping that conceals or overshadows hazards. Prune bushes and trees to allow light through.
- Lack of stairway handrails. Install on both sides.
- Oil spots in the parking areas. Pressure wash or use oil absorbing material to remove.
- Potholes. Fill them to level.
- Naturally slick surfaces (like polished marble in entry foyers)
- Lack of nonskid surfaces where appropriate (stairs, entries, slopes). Add skid resistance runners, carpet or adhesive strips. Replace slick material with skid resistant materials like wood stair treads with concrete.
Regardless of the cause, the HOA should have a budget and plan to deal with slip and trip hazards before someone and his lawyer discover them and the HOA's liability insurance policy. The plan to detect and correct should be consistent and adequate. The program should be even more aggressive in HOAs with senior residents whose injuries are likely to be more serious. So the next time you hear, “Have a nice trip” or “See you next fall”, make sure they refer to holiday travel plans and not a trip or slip. |
