Black Ice, Bright Warning: Condo Associations on the Hook After Janini Shift

As a condominium owner, are you considered a co-owner or simply an invitee? The Court of Appeals’ decision in Byzewski v Shelby Woods signals that condominium associations can no longer rely on Francescutti to bar slip-and-fall claims by co-owners. Following Janini, condo residents are now treated as invitees, meaning associations must anticipate and address hazardous conditions in common areas.

However, framing these claims matters as ordinary negligence claims remains unavailable for failure-to-maintain allegations. By refusing to apply the old open and obvious doctrine without Kandil-Elsayed briefing, the Court signaled a shift in approach. Trial courts will now conduct a more detailed, fact-specific inquiry into visibility and reasonableness.