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BB2 (Missouri)
Posts: 36
Posted:
Can anyone tell me does incorporating our HOA (all homes are individually owned) protect the homeowners from personal injury liability by either non homeowners or other homeowners. The only property owned jointly is the well/lot.
RogerB (Colorado)
Posts: 5,067
Posted:
BB2, no. Incorporation as a not-for-profit corporation protects the Board members, "corporate shield", from individual suits as Board members when the proper wording is included.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would also suggest going to your local Office supply store to look up some forms. They do have forms available for under $20 for filling out to create non-profit corporations and other areas a HOA may need. Some come with a CD rom. The forms should be adjustable for each state.

I agree with the other poster above. However, you may want to continue to do more additional research IF incorporating is something worth pursuing. There are more benefits to it than just the liability issue you inquired. There's a whole picture out there and liability is just one part of it.

Former HOA President
DaneC (California)
Posts: 210
Posted:
In California, whether you are Incorporated or Unincorporated, the Davis-Stirling Act prescribes levels of Insurance that are required by Boards.

"The only property owned jointly is the well/lot." - you may want to investigate Incorporating as a Mutual Water Company, if your state allows that type of Corporation, and it fits with your circumstances.

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