The New Jersey Supreme Court has agreed to consider whether homeowners’ associations and maintenance contractors may be held liable for failing to clear ice and snow from HOA-managed sidewalks. In Qian v. Toll Brothers, the Court is expected to examine two lower court decisions holding that HOAs and contractors were not liable for such injuries. In reaching these decisions, the lower courts relied upon Luchejko v. Hoboken, in which the Supreme Court declined to extend case law holding commercial property owners liable for injuries caused by defective sidewalks to owners of residential properties. Plaintiff’s counsel in Qian contends that liability should be imposed upon HOAs that own and control the sidewalks, and have promised to maintain them.