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Abstract

The use of the condominium form of ownership has grown at a rapid pace. Since 1961, when Congress authorized the Federal Housing Administration to insure mortgages on condominium dwellings, the lawmaking bodies of every state and the District of Columbia have passed enabling legislation that provides for the creation of a condominium regime with a statutory base. The condominium is a unique form of property ownership, which now constitutes a significant percentage of all new housing starts. Although the development of the condominium has many positive aspects, the unique structure of a typical condominium regime has presented the legal community with some perplexing problems, one of which concerns the tort liability of the condominium association for injuries occurring in the common areas.

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