Hector M. Mercado v. Mack Hawkins (2012)

ORDER

The court's May 31, 2012 memorandum of decision [54 Conn. L. Rptr. 150], sufficiently addressed the issue of duty.   Pursuant to the bylaws, the declaration and the Common Interest Ownership Act, the condominium association is allocated the duty of operation, care, upkeep and maintenance of the common elements.   It is not the duty of an individual unit owner, such as the defendant.   With respect to the plaintiff's argument that the defendant's role as a landlord imposes an additional duty upon him, this court disagrees.  “We have recognized that, under the common law, landlords have a duty to use reasonable care to maintain in a reasonably safe condition those areas of their premises over which they exercise control.”  Gore v. People's Savings Bank, 235 Conn. 360, 373, 665 A.2d 1341 (1995).   Here, all common elements are under the exclusive control of the board of directors of the condominium association, as is the duty to maintain and repair said areas.

Woods, J.

Woods, Glenn A., J.