BEER/WINE

Started by LaverneB • 6 replies • 1218 views

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LaverneB (Florida)
Posts: 79

Posted:

Our group of residents formed a event committee. They said that beer/wine is against the law to serve at events. The former committee always did.For 30 years..I can not find anything in the HOA statues. The events take place at the clubhouse. Is the board responsible for any "accident" that may happen? The board has no say in this matter? Thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is probably a local law thing. If the events are open to the public, then the local laws could apply. Meaning you may need to have a liquor license to serve.

Now that doesn't mean it can't be a BYOB event. There just should not be any sales or distribution on the HOA's behalf.

As far as being liable for an accident, of course your HOA is at risk of being sued. It's added liability. Doesn't mean the case will be won. It just means someone has filed a lawsuit. The court/insurance sorts that liability stuff out.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My initial blush is as this is by invite only (fellow owners) and not open to the public, beer and wine can be served as would any good party host serve the same. Now charging per drink might be an issue so I would just set up a voluntary, help defray the cost collection for people to donate to. Same as one might do at a house party.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By LaverneB on 03/25/2018 9:51 AM
Our group of residents formed a event committee. They said that beer/wine is against the law to serve at events. The former committee always did.For 30 years..I can not find anything in the HOA statues. The events take place at the clubhouse. Is the board responsible for any "accident" that may happen? The board has no say in this matter? Thanks

We have social events at our clubhouse from time to time. There's nothing in HOA statutes about it, and it's not against the law to serve alcohol. Since the HOA could be liable if it was doing the serving, however, it's best to tell people BYOB and let them serve themselves.

(Although I will say, as someone who moved here from the Northeast, it was a sad sight seeing so many people drinking ULTRA Light beer on St. Patrick's Day.)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laverne,

I know that if I host a party and someone left who was too intoxicated to drive, but did drive and get into an accident, I could have legal actions brought against me.

This may be a State thing as others have said. However, I know of several companies that have quit hosting parties with alcohol.

Check local statutes.
Laws change, so don't rely on what has happened in the past.

DouglasM6 (Arizona)
Posts: 724

Posted:

The devil is in the word "serve". It is probably illegal for anyone to serve alcohol in a semi public location. Most common areas are considered semi public. They may be using liquor laws to substantiate their claim.

You should ask them to define the law they refer to. I'm sure they would explain their decision. BYOB may be allowed, unless the documents say otherwise.

CjC
Posts: 210

Posted:

We have a private facility within out HOA (non HOA Owned, its a tennis club). We rent out the facility and have a members only meeting (not open to the public). We are allowed to serve beer and wine and do not need a license. I never looked in to what would happen if we charged, I bet we would need a license then.

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