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NormanK2 (Florida)
Posts: 39
Posted:
We here at XXXXX own our Home and Land the HOA has decided to open the Clubhouse as a Haunted house for Public people that will pay to come in they said they took a vote from people that attend the Meetings but a lot of us do not go to the meetings and hd no idea till afterwards what alot of us worry is the Liability of anyone that may get hurt for whatever reason I would like to know if that could happen where all of us would be held Liable.I believe something like this each of us that own here should have rec. a letter asking if we wanted it or not.
TerriS6 (California)
Posts: 3,284
Posted:
Not a lawyer. I would ask your board for a copy of your insurance policy.
TerriS6 (California)
Posts: 3,284
Posted:
And...your governing documents may not have a provision for public events. If it did, there should be operating rules. And the entrance fee would be taxable.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Lawyers sell advice. its their entire businesses model.
TerriS6 (California)
Posts: 3,284
Posted:
In California, if someone sues and prevails against an association, and the association's insurance doesn't cover the judgment amount, the homeowners are individually liable for paying the remainder of the judgment.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By NormanK2 on 10/07/2023 6:08 AM
I believe something like this each of us that own here should have rec. a letter asking if we wanted it or not.
What should have happened (and which likely would have shut down this hare-brained idea):

-- Consult insurer to see if liability insurance must be increased

-- Consult HOA's bookkeeper to see how this non-exempt income (a somewhat big deal) affects taxes

-- Consult HOA attorney for ADA (disabilities act) requirements and using the common area to benefit people other than the HOA membership

Your HOA's directors are in the camp that because they are the board, they can do anything they want. Not so. The Declaration, bylaws, state law and in this instance, federal law, put enormous constraints on what the board can do.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Also, don't forget the increase in vandalism and other crimes that result from a community opening itself to outsiders. Halloween in particular invites pranks and misbehavior. And where does the board think that people will be parking?

I hope you work with your neighbors to push back hard on the board. This is a really dumb idea. Well-run Halloween haunted houses are years in the planning, and they take active managing while the events are in progress. They don't just magically happen and run themselves.
DouglasK1 (Florida)
Posts: 2,046
Posted:
And too bad about your keyboard, hopefully you can get one with working punctuation soon.

Escaped former treasurer and director of a self managed association.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Our attorney was adamant about not holding public events in our condo community. He'd seen the ways things can go wrong:

* Increased damage to the common elements which everybody had to pay for.

* An increase in crime since the communities basically invited strangers to case the joint.

* Uninsured injuries. The insurer may well view this as a business event since you're planning to charge money, and you're almost certainly not insured for that at all. (Our lawyer has seen cases where somebody got hurt and sued the association, and the insurer said "nope". It wasn't pretty. Imagine homeowners being jointly, personally liable for a million-dollar plus settlement - homeowners' personal insurance may not cover that either unless they carry an umbrella policy or some such.)

This whole haunted house idea scares me more than any number of ghosts and ghoulies and things that go bump in the night.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By DouglasK1 on 10/07/2023 8:21 AM
And too bad about your keyboard, hopefully you can get one with working punctuation soon.

Do you have any advice for this gentleman or are you just here to be snarky.
TerriS6 (California)
Posts: 3,284
Posted:
My keyboard has a mind of its own.
LoriM15 (Florida)
Posts: 1,009
Posted:
Once a year we have a yard sale in our clubhouse parking lot and have the ballroom open for a craft show. I checked with our insurance broker and he assured me we have adequate liability insurance to cover this. I'm not sure if charging a cover charge makes a difference, but I think it does (we do not).

This does not mean your association has adequate coverage - you should make the board had someone check the policy of the association.

My concern with charging admission is that it may suddenly change the status of your clubhouse into a public facility instead of a private one. Once it's public, you have to meet all the federal and state disability standards. Do you have ramps? Do you have handicap stall in the bathrooms? Etc.

DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By LmT on 10/07/2023 9:07 AM
Posted By DouglasK1 on 10/07/2023 8:21 AM
And too bad about your keyboard, hopefully you can get one with working punctuation soon.


Do you have any advice for this gentleman or are you just here to be snarky.

People who write readable posts tend to get more useful help.

Escaped former treasurer and director of a self managed association.

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