In a recent North Carolina appellate case, the plaintiff sued a Homeowners’ Association when she fell and hurt herself on a moldy walkway in her condo complex. Before falling, she’d been a tenant for six years and went to her unit by using a staircase on the side of the building. After having a rotator cuff surgery, she had to start using the elevator to get to her unit.
She could get to the parking lot from the elevator by using the wooden walkways. There were two, each of which included a 90-degree turn around a column. Tenants would come out of the building, walk down the wooden walkway, turn at the column, and keep walking on the walkway to get to the parking lot.
The HOA contracted with a management company in 2012 and 2013, and the company took over maintenance of the walkways. An employee of the management company told her employer that the walkways were dangerous because of mold that made them slick when wet in 2012. She submitted an estimate to get the walkways power washed, but the defendant didn’t respond.