Suing the Association for personal injury

SusanG11 (Massachusetts)
Posts: 18

Posted:

My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

TerriS6 (California)
Posts: 3,284

Posted:

Here volunteer members are treated as employees so the association must carry workers' comp. You should check with your insurance company. No member could be required to do it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can sue for anything at any time right or wrong. This would be an insurance claim more or less. Which is too complicated to explain on a phone...

A HOA should always hire licensed and insured contractors. It protects everyone. Make that your HOA policy and enough said.

Plus the HOA is a non profit. You do not necessarily save money...

Former HOA President

SusanW15 (Texas)
Posts: 10

Posted:

How about your Board offer to appoint a gutter cleaning committee with residents in favor of this (dangerous and stupid) idea first to serve?

KerryL1 (California)
Posts: 14,550

Posted:

Probably your CC&Rs say who's responsible for cleaning the gutters. What does it say? What does it. say about who's responsible for repairing or replacing gutters.

KerryL1 (California)
Posts: 14,550

Posted:

By "who's". responsible, it should ay either the HOA or owners themselves.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By SusanG11 on 04/29/2024 10:19 AM
My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

If the CCRs (covenants) say the HOA is responsible for this maintenance, and the HOA refuses to do it, and some harm results subsequently, I sure do not like the HOA's chances in court.

Like Kerry indicated, you are going to have to quote exactly what the CCRs say about who is responsible for maintenance.

Related aside: I believe falling off ladders is a leading cause of home injury.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SusanG11 on 04/29/2024 10:19 AM
My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

What a dangerous and foolish idea. A real liability issue. Again, a foolish idea.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JohnC46 on 04/29/2024 11:45 AM

Posted By SusanG11 on 04/29/2024 10:19 AM
My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

What a dangerous and foolish idea. A real liability issue. Again, a foolish idea.

What John said. Why do they think boards require hired contractors to be insured?

And you can probably bank on the folks who want to save the money *not* volunteering to do any of the work.

DO NOT unless you want to get sued (and potentially lose your insurance, since insurers around the country are pulling out of many residential markets).

GregoryT1
Posts: 315

Posted:

hi Another question for the original poster Is your condo assoc self-managed or you do have a management company?

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By SusanG11 on 04/29/2024 10:19 AM
My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

If it's the owner responsibility to keep their gutters clean, then the owner will lead that maintenance. It's the owner's choice whether to climb the ladder personally to clean those gutters, which is a personal choice, not an HOA mandate.

Generally, I agree with you that gutter cleanings, being outdoor maintenance, should fall under your HOA coverage - but that's just my opinion.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By SusanG11 on 04/29/2024 10:19 AM
My Condo neighbors want to save a few bucks and have us go up on ladders (three stories up) to clean out the gutters. I think it's a safety risk and a good example of why we pay HOA fees - to NOT have to do this. Can an owner sue the Assoc. if they get hurt pulling such a stunt?

A lot of condo boards don’t have knowledge on the results of not doing proper maintenance. Damage to the gutters and surrounding structures can be really expensive from skipping this routine maintenance. I would share information with your board.

https://borncarpentry.com/gutter-cleaning-why-neglecting-them-can-cost-you-more-than-you-think/

https://greatwayroofing.com/7-problems-that-result-from-not-cleaning-gutters/

When anyone these days makes an insurance claim for an injury, the health insurance company will require the insured to provide the location of the accident and will subrogate the amount paid to the owner of the property where the accident occurred. The HOA’s liability insurance will normally pay this claim without a civil action.

If someone was severely injured and disabled, the person would have to sue the HOA and prove the HOA was negligent and caused their damages. The HOA’s insurance would pay for an attorney and any settlement negotiated or awarded.

If your HOA is not cleaning gutters, they should prohibit owners from doing it unless the owner hires an insured contractor .

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By SusanW15 on 04/29/2024 10:37 AM
How about your Board offer to appoint a gutter cleaning committee with residents in favor of this (dangerous and stupid) idea first to serve?

Yes, that way you have plenty of witnesses when someone falls off the ladder.

LetA (Nevada)
Posts: 2,679

Posted:

They need to be sternly reminded that such action could open up the HOA to massive lawsuits and punitive
damages if someone was to be injured. This type of work needs to be performed by a company that is licensed, insured and bonded.