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LoriM15 (Florida)
Posts: 1,009
Posted:
I'm wondering if there is any liability if we don't provide AEDs at all of our facilities. We do have them in each of clubhouses, so the pool and gyms are covered. But we received a request this week that we have an AED and a first aid kit at our pickleball courts, which are a physically located a couple of minutes by car from one of the clubhouses. They also want a full first aid kit. There is no pavilion or shelter there, so the AED would have to be somehow mounted on the fence and will be open to the weather and also to getting stolen.

We also don't have an AED at the tennis courts, but they are located adjacent to the other clubhouse.

My uneducated opinion is that we can't possibly anticipate every issue that might come up and this is not really a liability issue. The pickleball courts are used heavily in the mornings and evenings a couple of days a week, but are empty the rest of the time.

Has anyone else run into a situation like this?
LetA (Nevada)
Posts: 2,679
Posted:
Our attorney weighed in on this a while ago. HOA's are not a public accommodation
and there is no expectation to provide AED's or first aid kits, both of which only add to
your Reserve spending and are a magnet for theft and vandalism. The only device that is required
by law or regulation almost everywhere is providing an emergency 911 call box, install that and
you're covered.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
AED equipment is not necessarily plug and play. Believe have to be trained properly to use it. I had to get certified to use ours. This is a Red Cross or health department question.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Actually, you aren't required to have AED training, although it's recommended so people are more comfortable with using them (once upon a time, my job provided basic first aid training, CPR and AED training). The machines are designed so any member of the public can use them, even without training. Once you turn it on, the machine tells you what to do, where to place the pads and counts dksn before the shock is delivered.

As for the first aid kit, it's not a bad idea, but probably unnecessary because it's faster to call 911. The operator will ask questions and give the caller basic information on what to do before EMS gets there and stay on the phone with you until they arrive.

All of that said, you may want to Google "good Samaritan law" in your state that discuss protection for people who step in to help someone in a medical emergency. Yes, there are some things you need to be aware of, which a good first aid class will also review. It was the first thing we discussed when I took my first aid training.

Why not contact your local red cross office and see if someone can come out and give first aid training? Residents can pay for it themselves ( it's not expensive) and considering many of you have young children or elderly folks in our homes, getting some basic trsining can pay for itself and then some should the unexpected occur. You can request that AED training be included - the more residents who get familiar with the machine, the better.

PS - has anyone checked the age of your AEDs lately? It's recommended they be replaced every 10 years.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LoriM15 (Florida)
Posts: 1,009
Posted:
Thanks for the input. One thing I hadn't thought of an increase in liability if we put in an AED and for whatever reason it doesn't work when someone needs to use it.

We do have the Red Cross come in periodically and do training. I will see about AED training. That's a good idea.

I think the answer to installing an AED there is going to be a hard no. Just another thing the pickleball group wants. They expect it to be like an Olympic training facility. Does anyone else have trouble with the demands of their pickleball group?

SheliaH (Indiana)
Posts: 6,964
Posted:
Stuff ain't cheap, so if this group wants all that,tell them they can lobby their neighbors to green ulight adjusting assessments to pay for it or make a generous donation. You can't always get what you want so let's see how serious they are about making this happen.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
We now have two AEDs in our 200+ unit high rise: one in a drive entry kiosk which is staffed 24/7. That officer would bring it to the Unit or place on the premises when it's needed, but will not operate it. The Board holds training every couple of years, which attract maybe 25 residents. As mentioned, no real training is needed as it vocally instructs the user.

There is nothing in our Articles or declaration (CC&Rs) that says that a purpose of the HOA is to protect the heath & safety of members. But the Board approved this expenditure anyway. The 2nd one, which is quite new, is in the gym. Yet, a kiosk officer could run the AED from the kiosk to the gym in 3 minutes, i.e., a shorter time than it'd take to get to most condo units.

I'd say no to the pickleball ppl. too, Lori.
LetA (Nevada)
Posts: 2,679
Posted:
Indeed AED's are not cheap and they have a short lifespan and like fire extunguishers need routine inspections.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By SheliaH on 05/15/2024 9:42 AM

PS - has anyone checked the age of your AEDs lately? It's recommended they be replaced every 10 years.

Generally I think the batteries need to be replace more frequently than that, we have an AED at home and I think it suggested 4-5 years would be typical. If the AED was out in the sun and elements I would not be surprised to see it need more frequent battery service.

Escaped former treasurer and director of a self managed association.
DeanJ
Posts: 1,786
Posted:
An HOA had no duty of care until the HOA accepts the duty. You are opening yourself up to more liability providing AEDs than not. Untrained persons operating and failure to test and maintain.
TerriS6 (California)
Posts: 3,284
Posted:
Any device that delivers a shock ought to be used by a trained operator. Even then, the training doesn't always take.
KerryL1 (California)
Posts: 14,550
Posted:
That is not the case with the AED our HOA has, Terri. Medical professionals "trained" residents, but assured us that anyone can operate the AED because it gives voice instructions.

As with any medical emergency, the person who wants the AED should call 911 first.

Our HOA's had ours about a dozen or more years and so far as I know it's never been called for. NO staffer who'd bring it to a condo unit may operate them as their employers do not allow it. (My HOA has no direct employees)
BillD16 (Texas)
Posts: 971
Posted:
For what little it's worth: there are outfits that rent and maintain AEDs. It might be an attractive idea for some situations. If you have a lot of vandalism, for instance, or if you're less than confident that it will be properly charged / maintained. I wish I had more to share but I began looking into it last year and other stuff came up so I have no costs etc. Like any subscription service, it's almost certainly more expensive than owning an AED. But with right terms (insurance, replacement / damage policy) I wondered that it might be worthwhile for an HOA.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 05/17/2024 2:03 PM
That is not the case with the AED our HOA has, Terri. Medical professionals "trained" residents, but assured us that anyone can operate the AED because it gives voice instructions.

As with any medical emergency, the person who wants the AED should call 911 first.

Our HOA's had ours about a dozen or more years and so far as I know it's never been called for. NO staffer who'd bring it to a condo unit may operate them as their employers do not allow it. (My HOA has no direct employees)

The night my husband died the two police officers who responded before the fire department didn’t know how to use the defibrillator. They put it on his chest and one said to the other - what do I do?
KerryL1 (California)
Posts: 14,550
Posted:
I’m sorry your lost your husband. How terrible!
TerriS6 (California)
Posts: 3,284
Posted:
Thank you, Kerry.
Then they falsified their report and claimed the firemen arrived before they did!
Maybe the defibrillators now come with easier instructions. I hope so.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our AED devices at work may be connected to an alarm for 911 or fire department. They have to be checked just like extinguisher. However, I worked at one place where it was assumed the fire alarms connected to fire department. They did not. They went off after someone burned a biscuit. The management was puzzled why no fire department arrival? We are 5 minutes away from one. They had to call them. Turns out not connected.

This is something to consider as too panicked to call 911 an autoconnect may be considered.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
So...as noted a couple of times above AEDs--at least ours, and I assume most --give vocal instructions.

Here in Cali, and maybe everywhere, there are many state strict rules about them. Ours are summarized at: https://echo-ca.org/hoas-and-defibrillators-pros-and-cons/

I honestly don't think my HOA follows all of them, but I do know that we've had an annual contract for years about the maintenance-- I think I recall we rent it and that firm makes the required check-ups, etc.. I think we pay about $1,200-1,500/ann. I do think one staffer is trained annually about it, but is still not permitted by their employer to use it. It's in our drive entry kiosk, which is staffed 24/7. The kiosk officer brings it to the person who calls wanting it.

I'm glad we have it and would use it if needed. Our residents are probably 50% over 60 y.o.

What I think is ridiculous is the 2nd newish one in the gym. As with Lori's pickleball court, it is locked from midnight-5am, so no access to the AED. A lot of the time only a sole person is working out. If their heart stops, there's no one to use the AED. The gym is a 2-3 minute sprint from the entry kiosk if someone phones to have that officer deliver one. The gym, in fact, can be accessed more quickly form the kiosks then, say units floors 18-25.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By BillD16 on 05/17/2024 2:45 PM
For what little it's worth: there are outfits that rent and maintain AEDs. It might be an attractive idea for some situations. If you have a lot of vandalism, for instance, or if you're less than confident that it will be properly charged / maintained. I wish I had more to share but I began looking into it last year and other stuff came up so I have no costs etc. Like any subscription service, it's almost certainly more expensive than owning an AED. But with right terms (insurance, replacement / damage policy) I wondered that it might be worthwhile for an HOA.

Bill

I didn't know there are companies who do this- if a HOA has an AED or several, this may be worth paying for. This way, the work is done at the appropriate time and the property manager can keep track. If self managed, contacting the company for a visit could be placed on an annual maintenance schedule (better yet, the company should contact you to set up an appointment).

This could even be a way to knock sone pennies of tge association's master insurance policy (these days, every little bit helps).


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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