Eric Woolard and Breonna Hall were tenants in the Greenhouse Community Association, and Eric Smith and Stacy Thorne were owners.

Woolard and Hall were involved in a physical confrontation with Smith and Thorne. Smith and Thorne subsequently sued Woolard, Hall, and the association’s professional management company, alleging negligence and other claims. Woolard and Hall filed a cross-complaint against the association and management, claiming they failed to prevent the altercation and sought damages. Woolard also claimed management committed housing discrimination under federal law. The trial court granted summary judgment in favor of the association and management company, finding that Woolard and Hall failed to establish a duty of care owed by these entities. On appeal, the court affirmed the judgment. 

The court of appeal held that the foreseeability of the altercation alone was insufficient to establish a legal duty requiring either the management company or association to intervene. The court emphasized that community associations do not have police powers or subpoena power and cannot compel owners, much less tenants, to work out their differences. Imposing a duty to attempt to resolve personal disputes between residents would place an untenable burden on community associations.

TAKEAWAY:  Absent the existence of a violation of the governing documents or fair housing violation, community associations generally do not have a duty to interject themselves into personal disputes between residents.