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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We have a very active owner who comes to every Board meeting. I have mentioned it before, but I have a couple of different questions.

Our Master Deed (Governing document) Article 6 Section I states “No alteration or improvement of any type temporary or permanent, shall be made or caused or suffered to be made by any Owner, Occupant or their guests in any part of the Common Areas and Facilities without the prior written authorization of the Board of Directors……

Would Board minute notes be considered written authorization to do something, like paint our handrails?

Would the Association be liable if this person got hurt while doing her volunteer work for our community.

I think everyone in the community may look on me as the horrible person in this situation because I brought the provision of our documents to the Boards attention and this lady has actually done much to help our community.

one Board member (who recently resigned due to Health issues) emailed th Board and said that I had done things like get bids for projects. I went through last years minutes and found where the Board said We are going to get bids etc. Since I am on the Board I assumed the we included me.

I haven't responded to the email yet, because I was too upset to respond appropriately when I first read it. I am checking with the President (who tried without results to slow down this member) and Vice President's response to the email before I do or say anything else.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

Would Board minute notes be considered written authorization to do something, like paint our handrails?


Yes.

Quote:

Would the Association be liable if this person got hurt while doing her volunteer work for our community.


Yes.

Volunteers aren't covered under workers' compensation statutes. So if a volunteer were injured while working for your HOA, medical coverage would be available only under your HOA's general liability "premises medical payments" policy.

This coverage consists of $500 in primary coverage. The balance is available on an excess basis (typically $5,000). It applies after the volunteer's medical insurer has made payment. Unless the volunteer's injury arose out of negligence on the part of HOA (the HOA did something wrong that caused the injury), no further payment will be available under your policy. The injured person would have to sue the HOA in court for additional money.

Because your premises medical payments insurance is limited, you should ask potential volunteers about the medical coverage they carry. If a volunteer has no independent medical insurance available, it may be in the best interest of the HOA and the person for him or her to forego volunteer work for any activity in which injuries are common.

That said.......... if these are waist height hand rails, how much trouble could he get into painting them? If you think there is a danger, hire a licensed and insured contractor.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
That said.......... if these are waist height hand rails, how much trouble could he get into painting them? If you think there is a danger, hire a licensed and insured contractor.

It wasn't just the rails. She worked along the base of the building, she put stones in different areas around the buidling. I don't know what else she might have done without some kind of constraint. I wouldn't put it past her to be climbing on a ladder or other dangerous work.

It seems whenever the Board mentions something, she just jumps right on it without even asking approval from the Board.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
addition ot my previous response. We have given her permission for some things like getting bids. Part of our problem is we Board members need to be more familiar with the documents. I know I have read them at least once completely through and actually more than that, but I don't know if our President has read them or not. Before she became President she did tell me she had not read them.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
one more addition. I just talked to another Board member who told me this owner did ask for a 6 ft ladder to do some work in our common areas.
BradP (Kansas)
Posts: 2,640
Posted:
Bonnie...there is nothing wrong with a board member doing stuff as long as it is authorized by the board. They can help get bids, do research, etc...after following the previous post on this person I think it is to your advantage to keep her busy but also have very clear boundaries.

You would be liable for volunteers only if the board authorized the work...for example if this lady decided on her own to do something that wasnt authorized and cut off her finger that is her problem...if you guys authorized her to do it then you are in trouble. I am not a big fan of volunteer work unless it is extremely low risk, no power tools, no machines, no ladders...
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BonnieG1 on 10/31/2011 4:54 PM
Would Board minute notes be considered written authorization to do something, like paint our handrails?

Unless the board actually voted to do it, I would say no. The mere mention of something (like, "it would be a good idea if we did this," or "we need to do this") should not be construed to mean the board has actually approved it.

That's a good example of why Roberts Rules suggests that minutes of a meeting not contain what was said at a meeting; only the actions taken at a meeting.

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