A New Jersey appeals court ruled that a condominium association's duty to ensure that common areas are kept in safe conditions included the use of a center handrail on a wide staircase, and didn't hinge on the plaintiff's legal status.

A three-judge Appellate Division panel, in Lechler v. 303 Sunset Avenue Condominium Association, said an association can be held negligent if a unit owner is injured because of a dangerous condition in a common area, “and that duty extended to residents of the condominium building, regardless of their characterization as licensees or invitees.”

Under the Condominium Act, associations are responsible for “the maintenance, repair, replacement, cleaning and sanitation of the common element,” wrote Judge Richard Hoffman for the panel.

“[W]e conclude the association had a duty to the unit owners to maintain the stairs, and that included a duty to replace the missing center handrail,” Hoffman said.

Judges Susan Reisner and Robert Gilson joined in the Dec. 29 ruling.

In this case, plaintiff Thomas Lechler, now 56, was injured on Aug. 24, 2014, when he stumbled on a flight of outdoor steps at his condominium in Asbury Park. The flight of steps was 158 inches wide. There were handrails at either side of the steps, but none down the center, according to the ruling.

At one point there had been a center handrail, but it had been removed and never replaced, the ruling said. The association claimed that a state building code inspector in 2012 said a center handrail was not required.

At trial, Lechler testified that, upon stumbling, he quickened his pace in an effort to regain his balance, but ended up breaking his heel when he reached the sidewalk. He sued the condominium association and its maintenance company, Townsmen Properties, for damages.

The association and Townsmen moved for a directed verdict in their favor. Hudson County Superior Court Judge Lisa Rose granted the motion, because of Lechler's status as a licensee and his awareness that the handrail was missing, and dismissed the lawsuit.

The lawsuit had been filed in Hudson County and tried there because that county was the location of Lechler's primary residence. His condominium in Asbury Park was a summer home.

On appeal, Hoffman said the association had a statutory duty, under the Condominium Act, to maintain the common areas.

“Statutes are evidence of a defendant's duty of care,” the judge wrote. “In this case, plaintiff clearly falls within the class of persons for whose benefit the statute was enacted.”

Hoffman said associations have the right to adopt bylaws that prohibit residents from suing them for negligence, but noted that 303 Sunset had not adopted such a bylaw.

In this case, Hoffman said, it was clear that Lechler had established a prima facie case of negligence on the part of the association.

In order to establish a prima facie case of negligence, a plaintiff must demonstrate that the defendant owed a duty of care, that the defendant breached that duty and that the breach caused the plaintiff's injury.

Hoffman quoted the state Supreme Court's 1988 ruling in Thanasoulis v. Winston Towers 200 Association: “The most significant responsibility of an association is the management and maintenance of the common areas of a condominium complex.”

Although it was obvious that at one point there had been a center handrail, the association was in a “better position” to know that its absence created a potentially hazardous condition, Hoffman said.

Lechler's attorney, Richard Krueger, said the ruling is an important one for condominium owners.

“The ruling clarifies part of the law that needed clarification,” said Krueger, of Krueger & Krueger in Linden. “Condominium living is widespread in New Jersey, and is sure to become more so.”

Patrick Minter, of Morristown's Donnelly Minter & Kelly, represented the association and Townsmen. He could not be reached for comment.