Falling concrete, uplifted pavers, cracked concrete walks, broken glass, loose guard rails and other unsafe conditions can cause severe life safety issues and lead to damage to property and more importantly public safety and injury concerns.
Older structures can have countless conditions where various components are in a failed condition and reveal life safety issues. Whether a piece of personal property is damaged or personal injury occurs the Property HOA and their Management Team is ultimately responsible for existing conditions and the observation and analysis of such obvious deficiencies.
International Property Maintenance Code, 2012, Section 108 states:
"An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safe guards to protect or warn the occupants" Furthermore "Damage,decay, dilapidation and unsafe structural components" should be observed by a professional and repaired in a timely fashion as not expose the public to dangerous conditions.
Should budget concerns not allow for immediate repair all efforts should be taken to limit access to areas that would allow for the possibility of damage to personal property or result in personal injury.
Common sense should govern here but in many cases the HOA or Managers wait until injury or damage occurs until action is taken. This mindset lends itself to costly litigation.
In instances where a Inspection Professional has notified the HOA and Management of such conditions and no preventative action takes place there is little to no legal defense should should injury or damage occur.