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BrianL (Maryland)
Posts: 23
Posted:
We have a small 13 home HOA. Our community includes 13 acres of wooded, community property for which we have liability insurance. At the last meeting, members voted to hold an HOA picnic, for which community funds will be used to support food expenses and rent a moon bounce for the kids. The picnic will be held on the private property of a member. My question is this. If someone gets hurt during said picnic, does the fact that this is an HOA sanctioned event, using HOA funds, expose the HOA to liability? Since our insurance only covers the common area, wouldnt each member be on the hook? This issue is not even remotely addressed in HOA documents. Thanks in advance.
BradP (Kansas)
Posts: 2,640
Posted:
Brian:

Check with your insurance company, if it is an HOA event it should be covered by HOA insurance.
DJ1 (Ontario)
Posts: 798
Posted:
If I was the member who's property it was held on I'd be very concerned about opening myself up the liability. The lawyer representing anyone who got hurt (even if you got guests to sign some sort of waiver of injury) would be sure to name the HOA, and the individual member in a wide net and let the courts sort out who gets to pay (if anyone) in the end.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is why I never used HOA funds to fund ANY social event. My suggestion is to instead see if you can have a neighborhood party by having the residents pitch-in either money or food. I am sure you have enough "Grill-masters" ready at a drop of a hat to show their skills. If someone doesn't want to cook, simply request a $10 donation to apply to the overall costs of the event.
I know many here may disagree with NOT using HOA funds for social events. There arguments may be very valid. However, a HOA budget is designed strictly for maintenance, emergencies, insurance, and updgrades. Parties don't fit into this. What the HOA brings in it should spend out if it is a non-profit corporation.
I know using HOA funds would NEVER fly with my HOA. The homeowner's would feel their dues money was being "wasted" especially if your HOA is facing big expenditures/projects. I am sure you've gone to your own company picnic and thought " If they would use this money for raises instead of a picnic, many more people would benefit". Similar to having parties in a HOA environment. The HOA is a corporation/business.
I did give plenty of neighborhood parties when I was president. Don't get me wrong. However, they were "pot-luck" and shared amongst the members interested in such events. It wasn't fair to have other members who didn't want to participate to use their money to support such events. That's what would happen if you do use HOA funds.

Former HOA President
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BrianL:
Check with your HOA insurance company for a 'rider' to be put on for this situation for the specific date. It is usually a minimal expense.
Our community has had occasion to do the same when we hold a large meeting at a school building.
GloriaM (North Carolina)
Posts: 829
Posted:
Brian:

Your insurance should cover liability on your common areas, an umbrella policy, and D & O (Directors and Officers). These 3 polices would cover all aspects of the HOA. Some insurance companies even have a "Host" inclusion, that if the HOA hosted a party and someone left and hurt themselves the policy would cover it. It is important you speak with your insurance agent making sure you are adequately covered.
BrianL (Maryland)
Posts: 23
Posted:
Thank you all, very good advice and I will request that the BOD investigate the policy we already have. Although that may not do much good.

Melissa, I couldnt agree with you more and that is what I had suggested at the meeting. Unfortunately, some of the members seem to feel using HOA funds this way is a good way to force everyone to get involved. Or more likely a way to punish those of us who dont want to socialize with them. Our HOA is rather dysfunctional.
BradP (Kansas)
Posts: 2,640
Posted:
Brian:

Paul has a good idea, it should be minimal expense to cover people for this event. I happen to be one who strongly disagrees with Melissa on this point. I think one of the purposes of an HOA is to foster relationships with our neighbors. It gives people an opportunity to see neighbors, have a hotdog, chat, do whatever that normally wouldn't happen. Less than 1% of our budget is set aside for two annual events and it has been well received by our membership. Often times we get so wrapped up in our own lives that we don't converse with our neighbors unless they are right next door or we run into them getting the mail. This gives you that opportunity and quite frankly it isn't that expensive to buy some hamburgers and hotdogs and get an inflatable. We did it for less than $250 last fall and our neighborhood has 167 homes.

The same things goes where I work, there are many people I don't ever see but the semi-annual parties gives us an opportunity to meet them and their families and get to know them better.
RogerB (Colorado)
Posts: 5,067
Posted:
Brad, I agree with you. I believe spending limited amounts HOA funds for association events such as picnics and other function which are open to all members can easilly be justified. It creates a spirit of community which is important to the overall functioning of an HOA. This is an excellent way to reduce the apathy present in most HOAs.

The issue of insurance must be considered and taken into account whenever there is a community event. Coverage can be discussed with your insurance agent.

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