Winter Snow/Ice Slip and Fall Liability: How to Reduce Legal Risk
Winter weather presents one of the highest risk periods for homeowners associations and condominium communities. Snow, ice, freezing rain, and fluctuating temperatures significantly increase the likelihood of slip-and-fall incidents, which are among the most common sources of liability claims against associations.
While no HOA or condominium can eliminate risk entirely, proper planning, documentation, and proactive maintenance can significantly reduce both liability exposure and insurance claims.
This article outlines practical, widely accepted risk-management steps HOAs can take during the winter season.
Why Winter Slip-and-Fall Claims Matter
Slip-and-fall incidents are a frequent cause of:
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Personal injury claims
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Insurance claims and premium increases
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Legal disputes involving associations, boards, and vendors
According to guidance published by industry organizations such as the Community Associations Institute (CAI), winter weather hazards are a foreseeable risk, meaning associations are expected to take reasonable steps to address them.
Failure to do so can expose an association to claims alleging:
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Negligence
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Failure to maintain common elements
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Failure to follow established policies or contracts
Common Areas Where HOAs Face Risk
Slip-and-fall liability most often arises in association-controlled common areas, including:
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Sidewalks and walkways
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Parking lots and drive lanes
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Entryways, ramps, and stairwells
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Mailbox areas and trash enclosures
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Clubhouses and shared amenities
For condominiums, exposure can be higher due to shared interior and exterior access points, such as:
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Breezeways
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Interior hallways
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Parking garages
Key Steps HOAs Can Take to Reduce Liability
1. Clearly Define Maintenance Responsibility
An HOA’s governing documents (Declarations, Bylaws, Rules & Regulations) should clearly state:
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Which areas the association maintains
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Which areas are owner responsibilities
Boards should review these documents annually—especially before winter—to ensure:
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Responsibilities are clearly defined
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Practices align with written obligations
Ambiguity can increase liability exposure during a claim.
2. Use Written Snow & Ice Removal Contracts
Verbal agreements with vendors create unnecessary risk.
Best practice is to ensure snow and ice contractors have:
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A written contract
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Clearly defined trigger points (inches of snowfall, ice conditions, etc.)
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Scope of services clearly outlined
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Proof of insurance and proper licensing
Written contracts help establish that the association acted reasonably and responsibly.
3. Establish and Follow a Winter Maintenance Policy
Associations should adopt a formal winter operations plan, even if simple. This typically includes:
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When snow removal begins
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How ice conditions are monitored
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Use of de-icing materials
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Priority areas (handicap access, main walkways, entrances)
Consistency matters. Policies must be followed once adopted, or they may become a liability themselves.
4. Document Everything
Documentation is one of the most effective risk-reduction tools available.
Associations should maintain records of:
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Vendor service dates and times
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Weather conditions
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Complaints or incident reports
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Communications with contractors
If a claim arises months later, documentation helps demonstrate the association took reasonable action.
5. Communicate Expectations to Residents
Many winter incidents occur when residents assume areas are immediately clear.
Best practices include:
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Seasonal reminders explaining snow-removal timing
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Notices advising residents to use caution during winter conditions
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Clear guidance on owner vs. association responsibilities
Clear communication helps manage expectations and reduces misunderstandings.
6. Review Insurance Coverage Annually
Boards should work with their insurance professional to confirm:
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General liability coverage is current
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Coverage limits remain appropriate
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Snow- and ice-related claims are not excluded
Insurance review should occur before peak winter months, not after an incident.
The Role of Professional HOA Management
Professional HOA and condominium management companies help reduce winter liability by:
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Coordinating insured vendors
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Monitoring compliance with contracts
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Maintaining service documentation
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Assisting boards with policy development
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Serving as a buffer between boards, owners, and vendors
Strong management does not eliminate risk—but it helps ensure the association can demonstrate reasonable care, which is critical in liability matters.
Final Thoughts
Winter slip-and-fall claims are one of the most predictable—and preventable—risks facing HOAs and condominium associations.
By planning ahead, documenting actions, and following established policies, boards can significantly reduce exposure while maintaining a safe community for residents and guests.
IMPORTANT LEGAL DISCLAIMER
This article is provided for general informational purposes only and does not constitute legal advice, insurance advice, or risk-management advice.
Laws, governing documents, and liability standards vary by state, municipality, and individual association. Readers should consult with:
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Qualified legal counsel
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Insurance professionals
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Licensed risk-management advisors
before adopting or modifying policies related to snow removal, maintenance responsibilities, or liability exposure.
Nothing in this article creates a management, legal, or fiduciary obligation, nor should it be relied upon as a substitute for professional advice.
