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Whats a condo associations liability of owners DIY community projects?

Posted on Thu, Aug 04, 2011 @ 07:42 AM
  
  
  
  
  
My Condo Association (200 owners) had everything turned over to us a year ago from the developer. Our developer went bankruptcy and needless to say, we are struggling to make ends meet and get a lot of things done around our association that were neglected. We have several homeowners that are willing to paint and do things around the association but our board (which I am a member) is concerned about the liability to the association. Has your association ever encountered this and did you have good luck with homeowners doing the work. Did you have some kind of waiver the homeowners signed where the association wasn't liable. As a board member, I want to do all I can to get our property back to the status it was when first built. Any help you can give me would be greatly appreciated. Thanks.

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COMMENTS

ALABAMA CONDO ON GULF COAST.ALLOWED 
 
A OWNERS TO HELP THE BOARD CLEAN THE GROUNDS. SHE FELL AND RECEIVED A BROKEN WRIST. THE BOARD MEMBER  
 
PICKED HER UP AND ESCORTED HER TO THE CLINIC. FAMILY GOT INVOLVED GOT HER TO THE NEAR HOSPITAL. 
 
A PERSONAL INJURY HAS BEEN FILED BY THIS OWNER. 
 
MY SUGGESTION IS HIRE A COMPANY FOR ALL WORK. YOU WILL PAY MORE OUT IN LIABILITY AND DISCORD WITH OWNERS CAROLYN

posted @ Thursday, August 04, 2011 8:59 AM by CAROLYN

Only have volunteers that have good medical benefits and have them sign a waiver. We have one person here who paints the yellow curbs and the Board office etc. We have a cleaning company and outside vendors for larger projects. 

posted @ Thursday, August 04, 2011 9:11 AM by rie

Check with your insurance carrier first. You may have insurance coverage for such activities. If you don't see if you can add it. I may well be less expensive than hiring someone to do the work.

posted @ Thursday, August 04, 2011 9:40 AM by Ron Knight

I agree with Ron Knight. I wonder if people who say to hire others are the ones you could hire just like lawyers who say hire a lawyer.  
 
I would certainly agree with Ron Knight and look into having these people insured and I believe it would be done better and less expensive when you have volunteers. I think your community may have some wonderful people living there and you would want them to be insured in case of them being hurt and possibly even losing the ability to do what they were doing before volunteering. Insurance is the best way to go.

posted @ Thursday, August 04, 2011 10:13 AM by Anna Wichel

We have had problems with allowing owners or tennants do work and getting hurt, so insurance has merit. What state are you in?

posted @ Thursday, August 04, 2011 10:40 AM by John D.

I live in Iowa. We have contacted our insurance company and they stated as long as the homeowner signs a waiver stating the Association is not responsible we could move forward. We have lots of volunteers wanting to help and I hate that some board members don't even want to investigate it.

posted @ Thursday, August 04, 2011 10:47 AM by Joan

Most likely that waiver will not hold in court because the owner did the work for association and on association premises. Also why would you want to tell people that are willing to help that you will not cover them if something happens.  
 
Talk to your insurance broker and make sure you have a worker's compensation policy in place. Make sure you understand how it works.  
 

posted @ Thursday, August 04, 2011 11:52 AM by Zhenya Rozinskiy

Our Condo Association Board filled foreclosure proceedings against three units last year for non-payment of HOA fees. The unit owners filed counter suite against Board and board members as individuals. Court approved individual counter suites and set trial date later this year. 
 
Important issues to be decided against Board and Individuals are fiduciary duty; negligence; fraud; harassment of owners and tenants. 
 
Can the Boards’ Law firm represent them as Individuals and Board members? 
 
Should Court assign temporary Administrator for the Association to protect best interest of all members? 
 
I’m not an advocate of members not paying HOA dues but at the same time I believe counter suite has significant merit. 
 
Complicated in T-Town 

posted @ Monday, February 27, 2012 5:48 PM by Mike

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