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Board and Booze

Started by LindaC3 • 16 replies • 2100 views

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LindaC3 (Florida)
Posts: 526
Posted:
Good day group--- Needing some input..... An interesting question was brought before the BOD today with regards to social functions and the providing of booze....We have a clubhouse on our common land and occasionally the BOd will host a function and provide Booze for folks to drink.....They say they do not have any liablity if someone drinks too much and then leaves this BOD sanctioned party and kills someone because THEY DID NOT SELL THE BOOZE TO THEM...........hhhmmm....any thoughts or comments on this one thanks Bunches LindaC
GlenL (Ohio)
Posts: 5,491
Posted:
IMO I would get an opinion from the Association's attorney and their insurance carrier on this. I seem to remember hearing of lawsuits arising from homeowners being sued for over serving their guests and allowing them to drive. Your BOD may be putting everyone's assets at risk; at the very least I would require each guest to sign a waiver of liability before they are served.
Studies show that 5 out of 4 people have problems with fractions
HaroldS1 (Arizona)
Posts: 314
Posted:
Linda - I don't think that is a very good idea from the legal side or the moral side. Free booze can turn ordinarily nice people into something else. Is your board using HOA funds for these parties? I would think some owners might object to their funds being spent on booze. Are all members invited to these parties? If not, I can see even more objections. Harold
BradP (Kansas)
Posts: 2,640
Posted:
Linda:

If they supply the booze they are liable, it makes no difference if it was sold or not. When someone ends up getting killed the family of that person will trace back where the booze came from and I would not want to be in your neighborhood if that happened.
BradP (Kansas)
Posts: 2,640
Posted:
Linda:

If they supply the booze they are liable, it makes no difference if it was sold or not. When someone ends up getting killed the family of that person will trace back where the booze came from and I would not want to be in your neighborhood if that happened.
WilliamT (Arizona)
Posts: 489
Posted:
I agree with Brad. There is plenty of case law on that subject.

But I do suggest that you consult with the HOA attorney to get his written opinion. If he says booze is ok, then fire that attorney and get a second opinion.

Also, many homeowners, who may not be drinkers, for religious or other reasons, may be upset that you're spending their money on booze.

It's really not a good idea.
hoatalk (California)
Posts: 603
Posted:
Yes, you can have liability even if you don't sell the alcohol. Search Google for: social host laws

You will find plenty of information that will make you want to never serve alcohol at a HOA party, or maybe even your own.

Here's one to start with:
http://www.bankrate.com/brm/news/insurance/20031212a1.asp
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JohnC10 (Arizona)
Posts: 106
Posted:
Check your state law. In the state I reside (Arizona) the server (party giver) would be held harmless.

http://www.azleg.state.az.us/ars/4/00301.htm
BradP (Kansas)
Posts: 2,640
Posted:
John:

That may be so but as the years go by there is more and more liability and responsibility being put on the person who serves. Alcohol serves no purpose at an HOA function. I am one of those who is a big proponent of social events, but alcohol crosses the line in my opinion.
JohnC10 (Arizona)
Posts: 106
Posted:
Everyone has their own opinions on the subject but if you've acted responsibly and have the law on your side- party on dude.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
IMO the Board should NOT provide alcohol to their functions. That can make the ENTIRE membership liable for an accident/incident. If alcohol wants to be served, make it BYOB. (Bring your own bottle).
I don't have a problem with alcohol being at a function. Beer and barbecue go together. However, I wouldn't want to be the person serving it. Even in my own home, I don't serve alcohol unless the person is over 21 years old and no more than 2 beers.
Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
John:

It only takes one time for the law to be turned not in your favor. Are they checking ID's at this function? What if someone appears to be too intoxicated to drink, do they stop them and call a cab or turn a blind eye? Where I live bartenders and servers undergo training to know what to do in those situations because the restaurant/bar has an extreme amount of liability. I have seen ballparks successfully sued because they were shown to be negligent in serving alchohol.

Don't get me wrong, I like to have a good time as much as anyone. But if it is an HOA function the board needs to exercise good judgement and not risk the livelihood of all its members because they want to party on dude.
WilliamT (Arizona)
Posts: 489
Posted:
In my opinion an HOA should not spend money for alcohol. I believe it's a stretch for anyone to say that the CC&R's allow a board to approve spending HOA funds on alchohol.

For a social event gathering I would not even mention booze at all. Then if people want to bring their own, that's fine. But the Association is not sanctioning it.

Our master association has several large events each year and booze is never mentioned. People bring their own and everything works out ok.
DwightT (Idaho)
Posts: 664
Posted:
I'm also in agreement that the HOA should not be providing the alcohol at their events. However, from the BYOB side, are there any concerns from the Open Container laws? In other words, if somebody brings his own cooler of beer to the neighborhood BBQ at our community park, can he or the HOA get in trouble? I realize that this is something that is subject to local laws, and in this area we do have some laws that ban alcohol in some public parks if not all of them. Since this topic came up, it's made me wonder if those laws could be applied to our neighborhood park even though the HOA owns and maintains the park?
WilliamT (Arizona)
Posts: 489
Posted:
I would think that open container laws don't apply on private property. I'm assumning our streets are also private.

If you have a private park that bounds a public street, then that may present another questions.

If you're unsure, then check the local laws.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By WilliamT on 03/19/2007 5:37 AM

In my opinion an HOA should not spend money for alcohol. I believe it's a stretch for anyone to say that the CC&R's allow a board to approve spending HOA funds on alchohol.


I agree. Not only is it a potential liability, it's unfair to members who don't (or can't) drink and to members who have a belief that drinking is a sin.

Allowing members to bring their own is fine if this meets legal requirements in your area. I wouldn't mention it in any advertising.

Ron
SC
GloriaM (North Carolina)
Posts: 829
Posted:
Many insurance policies now have a Social Host policy to offer. Although I agree it is a risk serving drinks, better to check with your Insurance Agent to make sure your policy covers this risk.

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