retention ponds

Rather than an H.O.A. pay retention pond inspection fees every year, would it be more practical cost wise in the long run for a chosen member to obtain the certifications through the state to do the inspections? Do states even allow this? The required courses are available but does one actually have to be employed by the state to make their inspections legit?

DEC. I do plan on asking them but it's Saturday night and doubtful I'll get an answer tonight. H.O.A. meeting Sunday morning. Hot topic. The DEC was here two days ago and gave us the cost of compliance and we'll need to raise our dues. So, just looking for some insight on options for discussion.

While I am not familiar with the particular tasks in the state you live in, in general, I think a licensed Professional Engineer would be qualified to inspect retention ponds. If your Board had a licensed Professional Engineer, who took the required trainings, and the association paid the insurance policy to provide appropriate liability protections for that engineer, then a Board member certainly could inspect the retention ponds.

However liability insurance is not free and the chance that a Board member is a PE licensed in your state is less likely.

Whether the person holding the certification is required to be employed by a particular party will likely depend on the certification or license itself. It certainly is true for some.

Is the association planning to pay the cost of obtaining these certifications?

What's to stop the person from selling their home after obtaining their certification? Will you require the person to repay the association for cost of obtaining the certification, and how do you plan to enforce this? Will the cost associated with enforcement exceed the cost of the certification itself? (Almost certainly.)

Will there be issues with conflict of interest? (Almost certainly.)

What is the potential cost of an inexperienced newbie inspector messing up? Who will be liable? Who will pay for the insurance to cover this liability?

This scenario is similar to my comments in other threads about the un-sustainability of using volunteer labor vs. just hiring the experienced professionals. Personally, I wouldn't touch this, either as a board member or as the potential homeowner/inspector.

No. This is a conflict of interest that the PEs' Rules of Professional Conduct states PEs "shall avoid." In Massachusetts, the Rules of Professional Conduct also state PEs shall avoid even the "appearance" of a conflict. The reasoning is the same as that for an attorney being prohibited from sitting on a corporation's board and also being the attorney for the corporation.