LoisH3 (Florida)
Posts: 7
Posts: 7
Posted:
There are people in our HOA who would like to volunteer to paint common areas, do some plant trimming, etc. How can this be done while not having a liability risk?
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How to allow volunteer labor
Started by LoisH3 • 9 replies • 1296 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
it can't.
You also can't hire a contractor without having a liability risk.
You weigh the benefits against the likely risk and say yea or nay.
Planting flowers/shrubs and painting (without the need to get onto a ladder) I see as low risks.
You also can't hire a contractor without having a liability risk.
You weigh the benefits against the likely risk and say yea or nay.
Planting flowers/shrubs and painting (without the need to get onto a ladder) I see as low risks.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Your always going to have "liability". However, we still had a "Volunteer day" in our HOA of the membership. It is their property. So you can live in fear of lawsuits or you can get things done. Just leave the "Professional" jobs to the professionals like plumbing/electrical. Those jobs that take licenses to complete should be avoided on a volunteer level.
I volunteered for Habitat for Humanity for years. Seen people fall off roofs, trip, fall, and even been injured myself a few times on site. If you volunteer, then you should be responsible enough to understand the risks. If your that concerned you can always have them sign a release before volunteering...
Side note: One year I did a "Volunteer day" at the pool. Had the kids come out to clean the pool furniture and do a general clean up/repair. It was going well until about 30 minutes in. That is when this "Genius" here decided to open up a blade. I ended up slicing my finger wide open to the point of needing stitches. (Didn't get them though). I had to quickly get the kids together and send them home. The whole time holding my finger together with a paper towel. It bled for awhile. So even I wasn't above injuring myself on a simple job. No one is above being injured but it wasn't the HOA's fault. It was just the nature of job I was doing removing some old paint.
I volunteered for Habitat for Humanity for years. Seen people fall off roofs, trip, fall, and even been injured myself a few times on site. If you volunteer, then you should be responsible enough to understand the risks. If your that concerned you can always have them sign a release before volunteering...
Side note: One year I did a "Volunteer day" at the pool. Had the kids come out to clean the pool furniture and do a general clean up/repair. It was going well until about 30 minutes in. That is when this "Genius" here decided to open up a blade. I ended up slicing my finger wide open to the point of needing stitches. (Didn't get them though). I had to quickly get the kids together and send them home. The whole time holding my finger together with a paper towel. It bled for awhile. So even I wasn't above injuring myself on a simple job. No one is above being injured but it wasn't the HOA's fault. It was just the nature of job I was doing removing some old paint.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Welcome to the forum, Lois.
Here's an example along the lines of Tim's reply. Every year our Social Committee decorates our two lobbies (twin high rises) and a circular drive between our buildings for the winter holidays.
But they don't get on ladders--only our building staff do to reach the top of the two Xmas trees and to wrap some trees outside with lights.
If you're on the board, Lois, check with your HOA insurance carrier to make sure. Or ask a director to do that.
Here's an example along the lines of Tim's reply. Every year our Social Committee decorates our two lobbies (twin high rises) and a circular drive between our buildings for the winter holidays.
But they don't get on ladders--only our building staff do to reach the top of the two Xmas trees and to wrap some trees outside with lights.
If you're on the board, Lois, check with your HOA insurance carrier to make sure. Or ask a director to do that.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Lois,
There are two kinds of liability involved with this. The association may be held liable for injury to the volunteers that they sustain while doing this work. The association may also be held liable for injury to third parties for the acts of the volunteers. Be sure your insurance covers both situations. BTW, the risks are very low when the volunteers are standing on the ground using hand tools doing typical homeowner tasks like painting or planting. Risks go up when power tools, ladders, and/or electricity is involved.
There are two kinds of liability involved with this. The association may be held liable for injury to the volunteers that they sustain while doing this work. The association may also be held liable for injury to third parties for the acts of the volunteers. Be sure your insurance covers both situations. BTW, the risks are very low when the volunteers are standing on the ground using hand tools doing typical homeowner tasks like painting or planting. Risks go up when power tools, ladders, and/or electricity is involved.
LoisH3 (Florida)
Posts: 7
Posts: 7
Posted:
thank you for helping me. i am a board member and am contacting our mgt company to check on what we have in our insurance policy.
LoisH3 (Florida)
Posts: 7
Posts: 7
Posted:
thank you for answering!! this will help me as a board member!!
LoisH3 (Florida)
Posts: 7
Posts: 7
Posted:
thank you..this is helpful..seems that some people are really scared!!
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I'm on the board too and when we directors asked our agent about this a few years ago, he said, as Larry notes, that many tasks are OK so long as the volunteers stay on the ground/floor and stay away from anything electrical or mechanical, and to avoid heavy lifting.
I observed a couple of 60 y.0. + ladies on our Landscape Committee trying to move a very large concrete planter pot in our pool area. I called our Prop.Mgr. and she rushed out to tell them to stop.
I observed a couple of 60 y.0. + ladies on our Landscape Committee trying to move a very large concrete planter pot in our pool area. I called our Prop.Mgr. and she rushed out to tell them to stop.
LoisH3 (Florida)
Posts: 7
Posts: 7
Posted:
this is really helpful. it's a common sense approach and not an all-or-nothing!!
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