Client Alert: Snow, Ice and Exposure – Managing Winter Risk in Community Associations
Date: January 20, 2026
By:
Miles D. Moore
Understanding Your Obligations – Governing Documents Are Key
Association’s duties begin with its Governing Documents (i.e., the Declaration of Covenants, Conditions and Restrictions, Bylaws and Rules and Regulations). These documents provide the framework and guidance for which areas the association is obligated to maintain, and by extension, whether the association is responsible for snow and ice removal.
While public roads and areas are the city or the county’s responsibility, for the most part, associations are responsible for removing snow and ice from private streets, parking lots and walkways that are deemed to be part of the Common Area or Common Elements. For areas that are not part of the common elements — for example, homeowner driveways, unit-specific walkways or limited common elements where documents assign responsibility to individual owners — the association generally does not have a legal obligation to remove snow. However, the association should ensure enforcement of homeowner obligations through its Governing Document enforcement mechanisms.
Poorly maintained sidewalks, entryways or parking lots can become hazardous, especially in inclement weather. And as liability hinges on maintenance responsibilities, associations should thoroughly review their Governing Documents to clearly define and outline whether the association is responsible for upkeep that can impact liability in the event of a slip or fall.
Developing a Snow Removal Policy
A written snow removal policy is not just good practice — it is essential. A written snow removal policy is one of the most effective tools a community association can use to manage winter risk and reduce potential liability. A well-crafted policy should clearly identify which areas are the association’s responsibility, establish reasonable trigger points for action based on snowfall or ice conditions and prioritize high-traffic and safety-sensitive areas such as main walkways, building entrances, accessibility routes and emergency exits. The policy should also outline how and when contractors are engaged, the use of de-icing materials and the role of management in monitoring conditions and documenting response efforts. Just as importantly, a snow removal policy helps set realistic expectations for residents by communicating that snow and ice removal is a process — not an instantaneous event — particularly during ongoing or severe weather conditions. When consistently followed and properly documented, such a policy can serve as both an operational guide and a critical defense in the event of a slip-and-fall claim.
Best Practices to Reduce Liability
In addition to adopting a written snow removal policy, community associations can further limit liability by implementing a set of consistent winter risk-management best practices, such as:
- Plan before the season begins. Hold pre-winter planning meetings with management and snow removal contractors to review expectations, trigger thresholds, priority areas and emergency access needs.
- Communicate clearly with residents. Provide advance reminders about snow removal procedures, realistic timelines, safety precautions and individual owner responsibilities.
- Review and update contracts annually. Ensure snow removal agreements clearly define the scope of work, response times, documentation requirements, insurance coverage and indemnification provisions.
- Enforce owner obligations consistently. Where owners are responsible for snow removal, apply enforcement procedures uniformly and document all notices and corrective actions.
- Perform routine maintenance and inspections. Conduct regular maintenance checks of walkways, building entrances and common areas in order to repair identified hazards promptly.
- Review Insurance Policies. Contact the association’s insurance carrier to ensure liability coverage is adequate.
- Legal Counsel. Work with the association’s Counsel to draft or adopt your snow removal policy to ensure insurance coverage aligns with relevant laws and maintenance responsibilities as dictated by the Governing Documents and state law.
These practices, when implemented consistently alongside a written snow removal policy, help demonstrate reasonable care, manage resident expectations and significantly reduce the association’s exposure to winter-related claims. As always, your legal counsel is ready to assist you with policies, contracts, or risk management practices.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.