Martinez v. Woodmar IV Condos. Homeowners Ass'n, Inc
In Martinez v. Woodmar IV Condos. Homeowners Ass'n, Inc., 189 Ariz. 206, 207-08, 941 P.2d 218, 219-20 (1997), the Arizona Supreme Court considered whether a condominium association owed social guests of tenants of one of its unit owners the same duties as a landlord to maintain safe premises with respect to dangerous activities of people on the land.
The court first noted that liability, if it existed in the case, would arise from the homeowners association's status as the owner and possessor of the land and its "consequent power to prevent harm by exercising control over its property." Id. at 208, 941 P.2d at 220.
The court ultimately concluded the rule stated in Restatement 360, which imposes liability on landlords for dangerous conditions existing in common areas, also applies to condominium associations. Id. at 208-09, 941 P.2d at 220-21.
And it cited 344 for the proposition that "the duty to maintain the safety of common areas applies not only to physical conditions on the land but, we believe, also to dangerous activities on the land." Id. at 210, 941 P.2d at 222.