BEER/WINE

Started by LaverneB • 11 replies • 1146 views

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LaverneB (Florida)
Posts: 79

Posted:

Two part question: our community has small "parties" in the clubhouse and they said they no longer can give beer and wine with dinners. We did for over 20 years, now its BYOB. We live in Florida, and we have been to other communitys that always serve beer or wine..

The HOA rents the clubhouse out when not in use and the party's always serve wine/beer.. would the HOA be responsible if something happened to a person, who was having to much fun.(lol,lol)

Thanks for any information...

DouglasK1 (Florida)
Posts: 2,046

Posted:

You never really know what you are responsible for until somebody sues and the judge rules. A good first action would be a talk with the association insurer.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By LaverneB on 05/28/2018 1:18 PM
Two part question: our community has small "parties" in the clubhouse and they said they no longer can give beer and wine with dinners. We did for over 20 years, now its BYOB. We live in Florida, and we have been to other communitys that always serve beer or wine..

The HOA rents the clubhouse out when not in use and the party's always serve wine/beer.. would the HOA be responsible if something happened to a person, who was having to much fun.(lol,lol)

Thanks for any information...

Check your association's liability insurance policy. Ours has a "Liquor Liability" clause under "Exclusions". Insurance policies are very detailed and an association can generally elect to cover or not cover certain things, so look to the wording of your policy.

We have several BYOB events at our clubhouse during the year. If you have owners bringing the alcohol and they want to share it with other attendees, that's probably fine as long as it's not the association serving it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Laws change. So you may want to find out if there has been law changes effecting those who provide alcohol. Ask a bartender what the rules are at their establishment. What is their "cut-off"? Believe me hotels bars and/or local small pub is going to know the rules about limits. Which can change.

I would not want my HOA to serve or provide alcohol. Not only because of the risks, but respect of those who are not consumers. The HOA is ALL members. So not sure how many want to be involved in a lawsuit from an event they did not attend nor did they believe in consumption of alcohol.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Ah ... how about coffee? Meat on Fridays? Steak with cream sauce? Pork?

See - gets slippery if ya use the don’t consume thing...

Liability argument works, though.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Ah ... how about coffee? Meat on Fridays? Steak with cream sauce? Pork?

See - gets slippery if ya use the don’t consume thing...

Liability argument works, though.

BenA2 (Texas)
Posts: 1,273

Posted:

It may have to do with Florida's state alcohol laws. Many states have laws that control serving alcohol at private functions, although I think it is usually only if you charge for the alcohol or for entrance into the function.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Check with an attorney.

If something happened, a good attorney might name the Association regardless of who was hosting, hoping for a settlement.

FredS7 (Arizona)
Posts: 927

Posted:

Quote:

Posted By DouglasK1 on 05/28/2018 1:40 PM
You never really know what you are responsible for until somebody sues and the judge rules. A good first action would be a talk with the association insurer.

This is the US. You can TRY to sue anyone for anything.

A BYOB policy seems to me to be reasonable and more safe than having the HOA involved in serving alcohol.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Here are some articles of interest on the topic:

Dram Shop Laws and Social Host Liability for Alcohol-Related Accidents in Florida Might explain why the HOA quit serving alcohol but allows private parties to serve it.

Are You Responsible for Your Party Guests?: Social Host Liability for Accidents Under Florida Law 2015 article

Renting Out the Clubhouse?  Careful How You Do it.

Parties with alcohol can be a problem 2011 FL newspaper article

Social Host Liability BYOB party from a question an attorney site. Note the comment from the criminal defense attorney.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Good stuff, Tim!

Thanks!

AmyA1 (Washington)
Posts: 101

Posted:

We also rent out our clubhouse and all renters, both homeowner and outside have to provide liquor license and certificate of insurance.

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