Court Considers Duty Association Owes to Persons Injured as a Result of Conditions on Common Area Property

This case involved claims for personal injuries against a Property Owners Association (“Association”) by an individual who was injured (“Plaintiff”) after falling off of a retaining wall located within Association’s common areas. The incident took place one night after Plaintiff, who resided in a neighboring complex unrelated to Association, was returning to his complex after visiting friends who owned units that were part of Association. As a result of injuries sustained in the fall, Plaintiff filed suit against Association alleging that it did not exercise ordinary care by failing to install a guard or rail on the top of the retaining wall.