HOA not liable for (dangerous, IMO) volunteer work?

Our HOA is in need of removing trees and brush from the common area consisting of a long strip of land that runs along one of our small lakes. The trees and brush are leaning into and over the lake itself, and our lake maintenance contractor can not get the algae under control. We had an estimate of $28,000 from a licensed excavation contractor for the cleanup and removal of trees and brush. Our President says we should instead get volunteers from our community to clean up this area, saving our HOA money.....because our budget is almost depleted. He says we (the HOA) will not be liable if volunteers hurt themselves. County codes require a permit for removal, and removal may be performed only by the "owner of the property" or a licensed contractor. Pres says that volunteers are owners of the common area... We actually have an ammendment to our bylaws in 1994 which states: VOLUNTEERS: " Members may be permitted to volunteer their labor as requested or needed. If the member has an idea to change or improve something in the Park, the member shall get permission of the Board of Directors before undertaking such a project. As a volunteer, they should know that they are not protected by any insurance nor does the Association accept any liability for injury as a volunteer". I see a chain saw accident waiting to happen, and am not comfortable with this volunteer suggestion at all. Other BODs say "we have always used volunteers for things, so why not?" To be clear, many of our BOD have been in place for years, and do not like my questioning things as the "new BOD". Are we truly liability free as an HOA? The BOD discussed the issue of volunters last meeting, but we tabled the issue until next meeting. (720) Thanks.

They can have all the "disclaimers" they want, doesn't make them enforceable.

If that were the case, then no insurance claim in the world would ever end up in court. There are all kinds of variables and circumstances under which the HOA would or could be held responsible or liable for any activities, much less volunteered activities, that occur on its owned or deeded properties. Just simply passing a "rule" or CC&R saying "nuh uh, we ain't paying" won't absolve them.

By the way, our County Extension office will help with pond issues, including algae. Might be worth a call.

Dana:

I am not a lawyer, but I would not be optimistic about the HOA's chances in court if someone got hurt. I think someone suggested this, but ask your insurance company about options of either adding them to the policy for a short time or getting workmans comp, etc. You run the risk anytime a volunteer does work, but pulling weeds and planting flowers is a lot different than having a chainsaw and cutting down trees. As you said it is an accident waiting to happen, so make sure your HOA is protected.

Absolutely not to volunteers performing work like that!!

Your Board could be liable for hospitalization, worker's comp., doctor's bills for minor injuries, etc. etc.

Anyone you hire must be a company and have worker's comp. insurance - and be licensed, if their work requires it.

(Our HOA is constantly bombarded by the elders (over 75 years of age) who get mad because we hire out work now that USED to be done on a volunteer basis. But the liability is just to high, and some areas of work require licensed expertise now!)

Jan:

I wouldn't assume that if you show up with something or if you own something you know how to own it. And even if you do it doesn't mean accidents won't happen. If you don't think it will hold up in court then roll the dice, but the question I have for you is who is organizing the volunteer efforts? Who is the work being done for? The question in both cases is the HOA, your board should think long and hard about the potential consequences compared to the benefits. Of course the volunteers will say they won't sue, see what their attitude is like after they saw off an arm or leg and can't work anymore.

Well.. a number of points were raised/stated but not yet sure if it is OK (permissible) for volunteers to do minor work in the HOA community

Definitely check with your Insurance provider. Ask what type of coverage you need to get to cover volunteer homeowners. A lawsuit could end of being filed against the Association and all members. Unfortuately, the risks outweigh the immediate savings. Volunteers have their hearts in the right place, but if a person ends of disabled - their outlook and priorities change.

AlexL1: It is unfortunate in this day and age of people being sue-happy, to think you cannot or should not take on anyone who is willing to volunteer to do 'dangerous' work for the HOA. The responses you have received all point to of course, you can; but should you? You run the risk of an accident occuring in which the Association would be responsible, with the chance of a law suit.

Speak to your association's insurance agent. Ever hear of 'proceed at your own risk'? Perhaps the agent could offer a disclaimer to use if you insist on going this route.