AURORA, Colo. (KDVR) — A snowy forecast is never good news for Linda Swan, who is disabled and must use a walker.
She tells FOX31 that her biggest fear is “walking on ice or going through several inches of snow.”
Swan contacted the Problem Solvers about snow and ice on sidewalks and in some accessible parking spaces in her Aurora condominium complex.
“I don’t think it’s fair for those of us who are handicapped,” she said.
The Problem Solvers reached out to the property management team and then visited the property. Some areas were not plowed, but crews were working to clear snow from the most recent storm as snowfall ceased.
Legal counsel for the Sable Landing Condominiums told FOX31 the managers were unaware of the complaints and issued the following statement:
“We understand that you have received a complaint regarding snow removal from some of the parking spaces in the community. The Association was not aware of any issues with snow removal as no complaints had been made to the Association. The Association makes every effort to make sure snow is promptly removed but is at times limited by the schedule of its snow removal company. Given the magnitude of the projected storm, this occasionally may take a few hours,” the statement reads.
The statement also says “both the Association and the snow removal company take this very seriously and make every effort to ensure the snow is promptly removed in a timely manner.”
What legal experts say about snow-clearing responsibility
Attorney Kit Davlin of the Robinson & Henry firm told FOX31 that property owners and homeowners associations spell out the terms of snow and ice removal in published agreements with owners and tenants.
“In an HOA complex, that policy is going to be covered by a condo snow removal policy,” he said.
Davlin added that dangerous common areas not only pose a risk to residents but to management.
“If you slip and fall in an HOA common area, the HOA may be responsible for not having cleared off the ice and snow. They have an absolute responsibility to do that in a timely fashion,” he said.
Businesses are required to clear snow and ice as soon as the snow stops falling.
Legal experts say residents should document any common area problems with pictures and video and always communicate any complaints in writing.