Liability Waiver

Started by JoanneC5 • 7 replies • 1079 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JoanneC5 (New York)
Posts: 3

Posted:

Our very small HOA is comprised of elderly residents who own their house, but no land which is all owned by the Association. The Board would like to accommodate residents who have family or friends willing to do simple exterior maintenance tasks, such as touch-up painting, window cleaning, etc. free of charge. We are considering some form of a Liability Waiver. Would such a waiver offer sufficient protection to the HOA? Have other HOA's adopted a similar waiver or are there any sample forms available for consideration or guidance?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JoanneC5 on 11/12/2020 11:19 AM
Our very small HOA is comprised of elderly residents who own their house, but no land which is all owned by the Association. The Board would like to accommodate residents who have family or friends willing to do simple exterior maintenance tasks, such as touch-up painting, window cleaning, etc. free of charge. We are considering some form of a Liability Waiver. Would such a waiver offer sufficient protection to the HOA? Have other HOA's adopted a similar waiver or are there any sample forms available for consideration or guidance?

Si if one was the set a ladder up to paint whatever, tle ladder and person doing the work would be on association common property? I would want protection for the association. Maybe a lawyer could draw up a waiver, but waiver or not many scum bag lawyers would tell the "injured" person to go after the association.

CathyA3 (Ohio)
Posts: 6,299

Posted:

In addition to having any workers sign a liability waiver, the HOA should also carry workers comp insurance (even if the workers are volunteers/unpaid). One uninsured visit to the ER will wipe out any money you saved by using unpaid laborers and a whole lot more besides.

In general I'm not in favor of volunteers at all, although there may be some times when they make sense.

* You may not get professional quality work, which can result in having to do things over again.

* They aren't really free (see first paragraph).

* They mislead residents about the true cost of home ownership.

* Somebody (ie. the board) has to manage or supervise them.

AugustinD
Posts: 5,144

Posted:

Quote:

Do your HOA's governing documents state that the association is responsible for these exterior maintenance tasks? If not, the HOA should play no role whatsoever in arranging for this maintenance.

I emphatically applaud the sentiment here. What I suggest is that someone, who is not on the board or on any official HOA committee, start a web site and solicit volunteers who would like to help out their elderly neighbors. Perhaps flyers could be passed around as well. My point is that this very admirable effort can and should be handled by folks who are not affiliated with the HOA in any official way.

JoanneC5 (New York)
Posts: 3

Posted:

Thank you to all who responded. Liability Waivers appear to be complicated issues better left undone. Just thought other small HOA's may have encountered the same problem and could offer some insight. Association does have adequate insurance so perhaps it's advisable to just turn a blind eye to an 80 year old homeowner that's having his son caulk an exterior door frame or climb a ladder to change the bulb on a light fixture.

SheliaH (Indiana)
Posts: 6,964

Posted:

If people own the home, but no land, I don't see where a waiver would be necessary. For example, touch up painting affects the resident's home, not the land. Most homeowner's insurance policies provide coverage when someone gets injured in someone's home, so owners should take a look at their policies and see what's in it.

Ask your association's master insurance company and attorney about this - it may be a waiver might be appropriate for some tasks but not others. In those instances where a waiver is needed, the attorney could draft something you can use.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JoanneC5 on 11/13/2020 6:05 AM
Thank you to all who responded. Liability Waivers appear to be complicated issues better left undone. Just thought other small HOA's may have encountered the same problem and could offer some insight. Association does have adequate insurance so perhaps it's advisable to just turn a blind eye to an 80 year old homeowner that's having his son caulk an exterior door frame or climb a ladder to change the bulb on a light fixture.

The important thing is being adequately insured, and you may want to run this issue past your insurance agent just to be sure. You can't really stop homeowners from hiring handymen (and you don't want to). But accidents happen, and if they're on commonly owned property, it's the Association's problem even if you didn't hire them.

It would be nice if people could be encouraged to hire properly licensed and insured service providers - maybe an informational article in the newsletter about why this is important? On the other hand, you don't want to interfere in homeowners' personal business, and it's not the association's job to stop people from making unwise choices.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here