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| Author |
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NancyM2
(California)
Posts:149
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| 10/08/2008 6:29 PM |
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Our HOA usually replants flowers around our monument in the fall, the existing plants look pretty tired. Since we are upside down on our budget we were told we oould not afford a replanting this year. Several homeowners at the meeting volunteered to give of their time and do the planting, saving us enough to afford the plants.
We were told by counsel they could not allow this because of liability insurance. We are willing to sign a waver. However they tell us this is not possible. Could someone explain why we are not allowed to do this.
NancyM2 |
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HeatherJ1
(South Carolina)
Posts:62
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| 10/08/2008 7:08 PM |
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That is strange. In our neighborhood, the Beautification Committee plants all of the plants each season/year. We have a small line item to buy the plants but not enough money for the landscaper to plant them. He just mows.
I've never heard of the liability part. Interesting. |
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SusanW1
(Michigan)
Posts:2117
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| 10/08/2008 8:05 PM |
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Does you board have volunteer liability insurance?
Check and see if it's part of your D & O policy.
Since the likelihood of THIS particular gesture is so benign, I would not worry about it.
I do get worried about tree trimming, lawn cutting and other construction "volunteering" activities, however.
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MaryA1
(Arizona)
Posts:2157
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| 10/09/2008 5:55 AM |
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Nancy,
I wonder why counsel was even consulted about this! However, IMO, the advice was ridiculous. No reason why a group of members cannot plant flowers around the monument w/o risking a liability claim. The board should use their common sense on this one! |
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BrianB
(California)
Posts:1732
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| 10/09/2008 7:24 AM |
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lawyers are doing what lawyers are supposed to do. Advise you against any and all possible risk. COULD a volunteer turn around and sue the HOA for injuries, perceived or real? It's possible. WIll a waiver protect you 100% in court? No. Is this activity a risk? Yes. How can you keep the HOA at Zero Risk? Always follow your lawyers advice, and do nothing.
However, i think it's up to the board to take the advice of all the experts at their disposal,and then decide what risks are acceptable and which aren't. Get the facts, opinions, and then make a decision. In this case, I would say "go for it" with the waivers, cause they do help a little. they just aren't automatic immunity. the risk is very very low.
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KirkW1
(Texas)
Posts:1110
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| 10/13/2008 8:03 AM |
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Actually, the reason that they don't have money for flowers is because of counsel. Nancy's is the HOA with a full time lawyer. (Evidently who also thinks she knows about insurance.)
The simple thing is that you carry liability insurance for a reason. And while there could be a slightly higher risk of a claim with volunteers planting the flowers, it is not that likely. In fact, I would bet volunteerism actually lowers the risk of a liability claim.
The simple reality is that Boy Scouts still sends kids into much more threatening situations. And yes, liability is an issue. But they manage the issue not cower from it. And they are not the only ones with liability insurance. If liability is so bad that you shouldn't plant flowers, then football should be banned from schools.
You should now have a little more ammunition to get rid of counsel. Mention at the meeting that the first year's savings would be more then enough to plant new flowers every month. (Without the need to have volunteers plant them.) |
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