Liability vs. Petty Expense.

FionaC1 (Washington)
Posts: 93

Posted:

Our HOA refurnished our clubhouse about a year ago.

The committee purchased tables with matching chairs. The chairs almost immediately were falling apart and having quality issues.

It's a matched set of 10 chairs. 5 out of them have broken parts, are loose, not safe to sit on. Our last board meeting I found the chairs actually taped together to hold the legs together.

I provided the board with an request to shop for some simple replacements, ideally wrought iron ( would fix the wooden chairs breaking ) Our board voted 4 to 1 to replace. the 1... actually voiced concern about the costs of replacements and didn't seem to understand our concerns.

The issue? This board member is sight impaired. He is unable to visually see there are broken wooden parts missing off the chairs, not to mention the one I was sitting on being taped together.

I couldn't help but argue the need to replace due to liability. Board member argued what liability.. the liability knowing the board knew about these items, didn't replace it and someone sat in a chair that in turn caused injury, broken bones, fracture etc. It drove home the example.. that if I injured myself at this board meeting, knowing the board was aware of this safety issue ( which they have been ) I'd sue..

Grant it, the board voted and majority won.. to purchase, but why would a board member be worried about and $800 furniture purchase vs. possible injury, not alone to mention our resposibility to maintain our property.

Was this the approach to enlighten? DO not HOA"s have the responsibility to maintain and upkeep common grounds, clubhouse etc?? Just looking for advice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FionaC1 on 07/17/2013 11:12 PM

Was this the approach to enlighten?

It depends on what tone was used during the approach.

Quote:

Posted By FionaC1 on 07/17/2013 11:12 PM

DO not HOA"s have the responsibility to maintain and upkeep common grounds, clubhouse etc?? Just looking for advice.

Associations typically do have the responsibility to maintain common elements. However, sometimes the money isn't available or allocated. When this happens the Board needs to make a decision to either acquire the money through special assessment, borrow from another line item, obtain a loan, defer the repair or simply remove the broken items (if possible).

As a comment, I'm surprised that if you and the Board were concerned about the potential liability that you didn't remove the broken chair rather than use tape to hold the chair together (as performing an improper/incomplete repair can also be seen as negligence).

FredS7 (Arizona)
Posts: 927

Posted:

> simply remove the broken items (if possible).

I mean, really, why not do this?

If necessary permanently disable the broken chairs (think firewood).

MatthewW4 (Arizona)
Posts: 500

Posted:

Fiona,

One of my main beefs with associations is that usually the only qualification for becoming a member of the board is to be an owner. Thus, a person with so few career skills that he would not be hired as a janitor at a bank can be elected to the BOD where he has control over millions of dollars in real estate and, as in this case, subject all other owners to unlimited liability.

This particular board member's problem is not his visual impairment. Others described the problem to him but what he "sees" is dollar signs. He apparently believes that his duty is to avoid spending money even if there is a potential liability.

BTW, once your board became aware that the chairs were unsafe, the broken chairs should have been tossed out immediately even if that meant everyone had to stand while they debated the costs of replacements.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

10 chairs. 5 out of them have broken parts, are loose, not safe to sit on. Our last board meeting I found the chairs actually taped together to hold the legs together.

Throw them out, don't buy new ones. Cost? Free.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If the chairs are broken you toss them. Then take a vote to buy new ones if you have money in your budget for them. Keeping the broken ones around IS the liability your talking about!

Former HOA President

SharonH9 (Virginia)
Posts: 216

Posted:

If the chairs are less than a year old, is there a warranty on them? If so get them replaced. It will buy you some time as the replaced ones will probably break too.

If you don't mind having some chairs that don't match, ask the members for a donation of chairs they might not be using or pick some up at a garage sale or auction. I'm a bargain shopper so I look at places like that for good used furniture. You would be surprised what you can find.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SharonH9 on 07/18/2013 4:13 PM
If the chairs are less than a year old, is there a warranty on them? If so get them replaced. It will buy you some time as the replaced ones will probably break too.

If you don't mind having some chairs that don't match, ask the members for a donation of chairs they might not be using or pick some up at a garage sale or auction. I'm a bargain shopper so I look at places like that for good used furniture. You would be surprised what you can find.

Sharon

Only acceptable if you call it eclectic versus a mismatch of crap.......LOL

SharonH9 (Virginia)
Posts: 216

Posted:

Quote:

Posted By JohnC46 on 07/18/2013 5:02 PM

Posted By SharonH9 on 07/18/2013 4:13 PM
If the chairs are less than a year old, is there a warranty on them? If so get them replaced. It will buy you some time as the replaced ones will probably break too.

If you don't mind having some chairs that don't match, ask the members for a donation of chairs they might not be using or pick some up at a garage sale or auction. I'm a bargain shopper so I look at places like that for good used furniture. You would be surprised what you can find.

Sharon

Only acceptable if you call it eclectic versus a mismatch of crap.......LOL

Oh ha ha John. You know what I mean. My school recently moved to a new a building and bought all new furniture of course. The old stuff was actually quite nice and was sold quite reasonably at a garage sale. Some of the chairs were what the school board used for their meetings. That's what I meant. I may be a bargain shopper but a particular one.

FionaC1 (Washington)
Posts: 93

Posted:

Quote:

Posted By SharonH9 on 07/18/2013 5:25 PM

Posted By JohnC46 on 07/18/2013 5:02 PM

Posted By SharonH9 on 07/18/2013 4:13 PM
If the chairs are less than a year old, is there a warranty on them? If so get them replaced. It will buy you some time as the replaced ones will probably break too.

If you don't mind having some chairs that don't match, ask the members for a donation of chairs they might not be using or pick some up at a garage sale or auction. I'm a bargain shopper so I look at places like that for good used furniture. You would be surprised what you can find.

Sharon

Only acceptable if you call it eclectic versus a mismatch of crap.......LOL

Oh ha ha John. You know what I mean. My school recently moved to a new a building and bought all new furniture of course. The old stuff was actually quite nice and was sold quite reasonably at a garage sale. Some of the chairs were what the school board used for their meetings. That's what I meant. I may be a bargain shopper but a particular one.

Thanks goodness I have majority backing on this. Our one member with financial concerns is minority.. it it SOOO important who steps up for a BOD. A Homeowner does not guarantee common sense.. for gods sake. (Lets tape the chairs together with duct tape and wait until next year.. ) Lordy.