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Subject: Volunteer Liabilities
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07/11/2006 3:11 PM  
We are looking at adding volunteer pool monitors to ensure that rules are being followed in our pool, i.e. diving in shallow end, going down slides backwards, bringing alcohol into pool area, etc.. However, this has started a big debate over liability issues. We have volunteers in our community cover social events, etc. but not really any that have ever inforced rules. We already have lifeguards but they are very young and really useless. Has anyone else had any issues with worry about whether or not your volunteers might get sued doing this sort of volunteer work?


07/11/2006 4:10 PM  
Druetta, all volunteer members should definitely be covered by the HOA's insurance. Check this out before allowing them to volunteer for such a high liability postition at a swimming pool.


07/11/2006 4:21 PM  

Perhaps your gov. docs/by-laws answer the question on liability of committee volunteers?

Mine say that each trustee, officer or committee member of the Association, shall be indemnified by the Association aginst the actual amount of net loss including counsel fees, reasonably incurred by or imposed upon him/her in connection with any action, suit or proceeding to which he/she may be a party by reason of his/her being or having been a trustee, officer, or committee member of the Association, except as to matters for which he shall be ultimately found in such action to be liable for gross negligence or willful misconduct.

Furthermore, unless acting in bad faith, neither the Board as a body nor any trustee, officer, or committee member shall be personally liabel to any owner in any respect for any action of LACK OF ACTION arising out of the exectution of his/her office. Each owner shall be bound by the good faith actions of the board, officers and committee members.

Therefore, 1) form a pool committee, 2) make sure the above language is in your by-laws or get it added to the by-laws, 3) MAKE SURE that those who volunteer are owners or classified as members of the Association, and 4) CHECK WITH YOUR INSURANCE COMPANY.

Best of success!!


07/11/2006 4:23 PM  
Talk to your insurance agent. The insurance typically covers directors and committee members.

They may ask you to form a Swimming Pool Safety Committee, and draft a charter to include life guard duties as one of the responsibilities. That way all of the life guards are committee members, not "volunteers" in a technical sense.

Usually all board and committee members must be at least 18 years of age.

Your agent can answer the questions and offer advice. If s/he doesn't have the answer they can call the underwriter of the policy.

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Forums > Homeowner Association > HOA Discussions > Volunteer Liabilities

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