HOA Case Law Journal
with Julie McGhee Howard

Walker v. Rivertrail Crossing Homeowner’s Association, Inc. (Tennessee)

2022 WL 852904 (Tenn. Ct. App. March 23, 2022)

Taking Matters into His Own Hands

Mr. Walker, a member of the Rivertrail Crossing Homeowners Association, verbally complained to a Board member that ivy growing on a common area was an eyesore. The Board member advised Mr. Walker to submit his concerns in writing to the Board for the Board to discuss and decide. Without submitting anything in writing, nor receiving approval from the Board to alter the common area, Mr. Walker proceeded to cut away the ivy. 

The Facts:

• While Mr. Walker was cutting the ivy in the common area, he fell into a hidden trough and sustained serious injuries. 
• The association’s declaration stated common areas were to remain in their natural state, except those areas which have been landscaped, and clearing, digging, planting, or alteration of any kind in the common areas was prohibited absent written consent from the Board. 
• The Board must approve any HOA landscaping changes, per the Association Bylaws. 
• The Association did not have actual or constructive knowledge of the uneven ground that triggered Mr. Walker’s injuries. 

The Issue of the Suit:

Mr. Walker claimed the Association was responsible for his injuries because it allegedly negligently maintained the common area, which led to his injuries. The association contend it was not at fault because Mr. Walker did not have permission to alter the common area landscape, and the association did not have knowledge of the uneven ground.

Court Decision

The Court sided with the association because Mr. Walker could not prove his injury was caused or created by the association nor that the association had actual or constructive notice that the condition of the ground existed prior to the accident. Additionally, the Court held that the association did not have a duty to maintain the premises because of the language in their declaration and common law, which states property owners do not have a duty to maintain premises where the public will likely not be. 

The Cautionary Tale

Association members must follow the procedures laid out in the Association Declaration. 

HOA Law Advice to Help Guide Your Board of Directors

At NowackHoward, we help board members and condominium associations with HOA law throughout Georgia. To learn more about our community association practice and how we can help guide your community, contact one of our attorneys today at (770) 863-8900 or by email at info@nowackhoward.com.