Useing Clubhouse in a Hurricane

NormanK2 (Florida)
Posts: 39

Posted:

We live in a Small Park in Wesley Chapel Fl. We all own the Park along with the Concrete Club house built in 1988,we were told by the HOA we could not use the Clubhouse for Shelter but we could stay in our own Mobilhome that we own if we choose to,,but not the Concrete Clubhouse with Hurricane Shutters on all windows, so i asked was my Mobilhome safer then the Concrete Clubhouse got no answer, but she said Liability was the reason, i said what would we do Sue each other as we all own it,and if thats the problem we all could sign a paper saying we could not SUE anyone. But i would bet dollars to donuts if she and the rest of the board was here every yr like alot of us are, she and her friends would have been in the Clubhouse.

LetA (Nevada)
Posts: 2,679

Posted:

It is a liability issue. The Clubhouse isn't for sheltering from a storm. You're not insured for that.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By LetA on 10/02/2022 5:34 AM
It is a liability issue. The Clubhouse isn't for sheltering from a storm. You're not insured for that.

And signing a paper saying that you won't sue doesn't change that.

It will be interesting to watch what insurers are going to do about this latest round of destruction. At some point they may decide that they won't insure anyone who lives in certain areas, and won't *that* be interesting.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sometimes safety is not in "numbers". Imagine everyone in your HOA gathering in the clubhouse. That means that let's say 10 people are in there and it collapses. You now have 10 possible injuries or deaths. If you choose to stay individually then it spreads out the chances of survival.

In our area we get tornadoes. It may sound crazy but our High school has a huge shelter that fits over 700 people. However, they send the kids home on the busses! They are NOT allowed to use it. However, they are allowed once they get home to come back to get in. That is because it opens up for the community to use. (Not to say they may not decide in case of emergency. Your HOA/board would have to agree NOT the MC).

The school is responsible for making sure the kids get home safe. Most parents will come and pick them up anyways. They also let the school out early in bad weather. Gives them other options for safety.

Now your HOA may work with the Emergency response of your city or county to get it certified to use as a hurricane shelter. That would be what I would pursue next time. It may open it up to the public in an emergency but atleast making the place an official shelter.

Former HOA President

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By NormanK2 on 10/02/2022 4:46 AM
We live in a Small Park in Wesley Chapel Fl. We all own the Park along with the Concrete Club house built in 1988,we were told by the HOA we could not use the Clubhouse for Shelter but we could stay in our own Mobilhome that we own if we choose to,,but not the Concrete Clubhouse with Hurricane Shutters on all windows, so i asked was my Mobilhome safer then the Concrete Clubhouse got no answer, but she said Liability was the reason, i said what would we do Sue each other as we all own it,and if thats the problem we all could sign a paper saying we could not SUE anyone. But i would bet dollars to donuts if she and the rest of the board was here every yr like alot of us are, she and her friends would have been in the Clubhouse.

-- I figure liability is also the reason the management/board did not answer your question about which was safer.

-- The Board gets to call the shots on the clubhouse, since it is common area.

-- The insurer may have instructed the HOA not to permit use of the clubhouse during storms.

-- I do not think you are on good legal ground to make a challenge here (in case you were thinking of doing so).

-- If the HOA is in the middle of a terrible storm; someone's home blew away; the clubhouse is still standing; then I guess it's possible being turned away from using the clubhouse could have legal repercussions (in a bad way) for the HOA. But there's really no telling until a court hears everything.

-- Hope you folks are getting better every day. Move up north and inland?

TimB4 (Tennessee)
Posts: 21,061

Posted:

I would expect that, even with the hurricane shutters, the building isn't rated as an actual shelter and the board doesn't want to advertise it as such. Perhaps the residents can get together and find out what the cost would be to make the clubhouse into a proper shelter.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By CathyA3 on 10/02/2022 5:44 AM

Posted By LetA on 10/02/2022 5:34 AM
It is a liability issue. The Clubhouse isn't for sheltering from a storm. You're not insured for that.

And signing a paper saying that you won't sue doesn't change that.

It will be interesting to watch what insurers are going to do about this latest round of destruction. At some point they may decide that they won't insure anyone who lives in certain areas, and won't *that* be interesting.

Florida already did that after Katrina in 2005. You need to buy hurricane insurance from the state.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 10/02/2022 8:36 AM

Posted By NormanK2 on 10/02/2022 4:46 AM
We live in a Small Park in Wesley Chapel Fl. We all own the Park along with the Concrete Club house built in 1988,we were told by the HOA we could not use the Clubhouse for Shelter but we could stay in our own Mobilhome that we own if we choose to,,but not the Concrete Clubhouse with Hurricane Shutters on all windows, so i asked was my Mobilhome safer then the Concrete Clubhouse got no answer, but she said Liability was the reason, i said what would we do Sue each other as we all own it,and if thats the problem we all could sign a paper saying we could not SUE anyone. But i would bet dollars to donuts if she and the rest of the board was here every yr like alot of us are, she and her friends would have been in the Clubhouse.

-- I figure liability is also the reason the management/board did not answer your question about which was safer.

-- The Board gets to call the shots on the clubhouse, since it is common area.

-- The insurer may have instructed the HOA not to permit use of the clubhouse during storms.

-- I do not think you are on good legal ground to make a challenge here (in case you were thinking of doing so).

-- If the HOA is in the middle of a terrible storm; someone's home blew away; the clubhouse is still standing; then I guess it's possible being turned away from using the clubhouse could have legal repercussions (in a bad way) for the HOA. But there's really no telling until a court hears everything.

-- Hope you folks are getting better every day. Move up north and inland?

Sound advice.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By LetA on 10/02/2022 5:34 AM
It is a liability issue. The Clubhouse isn't for sheltering from a storm. You're not insured for that.

LOL. I would simply go to the clubhouse and tell the HOA they can call the police if necessary. The police have better things to do during a storm and are not going to show.

When it comes to saving my own life, I could care less about bureaucracy and paperwork.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Steve if you died in it who pays the funeral costs? Who pays if you get injured? I am sure going to seek the HOA for it.

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If I died, I wouldn't have to worry about those things.

LoriM15 (Florida)
Posts: 1,009

Posted:

We just lived through Hurricane Ian. For security and liability reasons, our clubhouse was locked up with hurricane shutters and there was no access. We would not allow anyone to use it as a shelter. That's what public shelters are for. The liability for the association would be huge if anyone was injured.

We did have damage to both our clubhouses, minor but still damage. We were very lucky. Lots of trees down, damage to the hurricane shutters, wall damage from falling trees, tiles off roofs, pool pumps destroyed, canvas awnings shredded - the list goes on and on. And after looking at our our insurance policy, although we have a lot of damage, we have a 5% named storm deductible so almost none of it will get paid for. It's a lot of damage, but we probably won't meet the deductible, so our $15 increase in monthly fees for next year will probably end up being $30.

Personally, I had a little damage to my house but living through the trauma of 120 - 150 mph winds hitting your house and wondering if the roof was going to blow off puts a lot of things in perspective. Dealing with complaining HOA members doesn't seem that important any more.

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By LoriM15 on 10/04/2022 9:54 AM
We just lived through Hurricane Ian. For security and liability reasons, our clubhouse was locked up with hurricane shutters and there was no access. We would not allow anyone to use it as a shelter. That's what public shelters are for. The liability for the association would be huge if anyone was injured.

We did have damage to both our clubhouses, minor but still damage. We were very lucky. Lots of trees down, damage to the hurricane shutters, wall damage from falling trees, tiles off roofs, pool pumps destroyed, canvas awnings shredded - the list goes on and on. And after looking at our our insurance policy, although we have a lot of damage, we have a 5% named storm deductible so almost none of it will get paid for. It's a lot of damage, but we probably won't meet the deductible, so our $15 increase in monthly fees for next year will probably end up being $30.

Personally, I had a little damage to my house but living through the trauma of 120 - 150 mph winds hitting your house and wondering if the roof was going to blow off puts a lot of things in perspective. Dealing with complaining HOA members doesn't seem that important any more.

I'm happy to hear that you escaped with just a little damage. It's sad that in today's world we have to be so concerned about liability and not as concerned about people's safety. Years ago, I was working at an Iowa county fair when a tornado came through. Me and several others made our way to the concrete restroom building. There was little thought to what the liability was to the county fairgrounds if someone got injured. We just needed to get to shelter immediately. Many of the midway rides were destroyed and the food tent I was working in blew away along with all of the money we took in that day. I understand that circumstances are not the same but I agree that it certainly does put things in perspective.

KerryL1 (California)
Posts: 14,550

Posted:

Glad your community was relatively unscathed, Lori. It's easy to all how much it means to you.

I'm truly mourning for the (tens of?) 1,000s of low income people who lost everything, most of whom could not afford insurance. I hear many are getting sandwiches given out by wonderful groups. But, dry, safe shelter?