Common Areas
An Indiana appellate court held in Ferrell v. Dunescape Beach Club Condominiums Phase I, Inc., 751 N.E.2d 702 (Ind. App. 2001) that a homeowner could not restrict access to limited common areas. The court held that because the association was responsible for maintenance and care of common areas (including limited common areas), the board must have access to all limited common areas in order to properly perform the duties of the association. The court ordered the homeowner to allow access to workmen authorized to make the repairs to the common areas.
The Georgia Court of Appeals recently held, in Bradford Square Condominium Association, Inc. v. Miller, 573 S.E.2d 405, (2002), that an association is not required to provide security for its common areas because the operative documents stated security would not be provided. Miller, a homeowner in Bradford Square Condominiums was attacked by men in the association's common area parking. The court, in Bradford Square, held that an association's operative documents are a contract between the association and its members. The court held that the terms exempting the association from providing security for common areas were binding. Even though a state law required the association to be responsible for physical maintenance of the common area and keep it free from physical defect and unreasonable risk, the court held that this did not mean that the association had to patrol the area and provide security from outside threats.
