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CharK1 (Florida)
Posts: 1
Posted:
We are a new HOA board and have many questions.

Our bylaws state we, the Board will host Social events but will have a fee to attend so no dues are being used for the events. Our question is if we use the community clubhouse to cook food, are we covered as far as liability for any food borne illnesses? Same thing with potlucks? Are we liable?
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CharK1 on 02/16/2025 8:29 AM
We are a new HOA board and have many questions.

Our bylaws state we, the Board will host Social events but will have a fee to attend so no dues are being used for the events. Our question is if we use the community clubhouse to cook food, are we covered as far as liability for any food borne illnesses? Same thing with potlucks? Are we liable?
"Covered"? Ask your insurer. Then bear in mind that when a HOA makes a claim, insurers look to avoid coverage anyway they can.

Subsequently only a court could say for sure, and what the court says will be highly situation dependent.

A HOA typically has deep pockets, either via insurance or the fact that the HOA can assess all owners to pay for any harm that the HOA allegedly does to one owner. This incentivizes lawsuits or threats thereof. Attorneys' fees are so costly that settlement often makes more sense and cents than going to court.
SheliaH (Indiana)
Posts: 6,964
Posted:
Have you asked your association's master insurance carrier? If you're on the board, all of you should review the policy so you'll what is and isnt covered, how the homeowners' individual coverage plays a role, deductible, etc.

Many communities host potluck without problems - I would just make sure you're able to keep hot foods hot, cold foods cold. You may also want to hire a caterer and collect the money in advance for people who want a meal


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JackS20 (North Carolina)
Posts: 271
Posted:
Quote:
Posted By CharK1 on 02/16/2025 8:29 AM
We are a new HOA board and have many questions.

Our bylaws state we, the Board will host Social events but will have a fee to attend so no dues are being used for the events. Our question is if we use the community clubhouse to cook food, are we covered as far as liability for any food borne illnesses? Same thing with potlucks? Are we liable?

don't make it a social even then. it is a meeting with catered food. lol.
KerryL1 (California)
Posts: 14,550
Posted:
Good one, Jack.

Say, CharK, this requirement is very unusual in an HOA's governing documents. Can you please share the exact wording? Are you sure it's in your Bylaws and not some other document?

By"new HOA Board," do you mean all Board members are new? Or that the developer is out of the picture and owners only now are on the Board?

Sure, check w/your insurance. But it's a really common practice for HOAs to hold, support or encourage social events. Of the couple of dozen or so high rises & mid rises in my urban 'hood, all hold such activities paid for in all kinds of ways. Over 22 years here and a member of my HOA's Board for 14, I've never heard of any "issue" with any social events in my gossipy neighbor.

One 200 units high rise only has one a year, an elegant winter holiday gala funded by the HOA. They publicize a couple of outdoor parties twice a year that are totally potluck, e.g., resident-funded & very well attended.

My 200-condo HOA has a Social Committee with a budget, which offers about 10 events a year. It just held a potluck Super Bowl party in our Social Room (holds 50) The SC provided hot dogs, fixin's & beverages. My spouse's fabulous deviled eggs were gone in no time!

Even though an expense in our hOA's case, one philosophy is that to help give owners a sense of community and connectivity, such events provide camaraderie and senses of belongingness*. These experiences supply positive residents' behavior --wanting to follow the rules, a willingness to join committees and even seeking Board membership.

So.... my strong opinion is that social events benefit the HOA as a whole and should be held -- they form part of the glue that holds a healthy HOA together.

* I'm not following the literature, but seem to see that there's an emphasis on "loneliness" since the pandemic that HOAs can help lessen.
DeanJ
Posts: 1,786
Posted:
The glue? Interesting concept. Did your HOA fall apart during the pandemic closures?

Absent the pandemic and one other year, my HOA has had an annual” picnic every year since 2004. At best it is attended by 1/3 of the households. On year it’s was cancelled because no one would volunteer for the committee.

We also have had Christmas events and other gatherings cancelled due to lack of participants.

Our board taoes the view it is not the boards responsibility to organize social events. If the owners want them, they have to volunteer and do the organization. There is funds in the budget for them.

KerryL1 (California)
Posts: 14,550
Posted:
It's OK, Dean, too. share my belief about the importance of social events as part of what continues the social health of an HOA, which benefits the corporation. I hafta say your HOA sounds pretty -um- I can't think of a word.

Social events as "part of the glue" that provide senses of belongingness ? I'll stick with the wording.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry--it's OK for you, dean, to NOT share my belief ......
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By KerryL1 on 02/17/2025 4:39 PM
Sorry--it's OK for you, dean, to NOT share my belief ......

I get it. Some people think their HOA should be a party every month and the people who don’t participate should help pay for it.
KerryL1 (California)
Posts: 14,550
Posted:
Dean, I happen to believe that neighbors who get connected each other in casual settings, for few reasons, benefit the association. Fine if you disagree.

To misunderstand my reasoning is puzzling, though, even if you disagree.

I also make it clear that how these are funded, can and does vary widely, as you well know.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By KerryL1 on 02/17/2025 6:58 PM
Dean, I happen to believe that neighbors who get connected each other in casual settings, for few reasons, benefit the association. Fine if you disagree.

To misunderstand my reasoning is puzzling, though, even if you disagree.

I also make it clear that how these are funded, can and does vary widely, as you well know.

I understand your reasoning and I know of HOAs that like to party. I disagree that the HOA just wouldn’t function without social events because there are a very large percentage that don’t have socials and function quite well.
KerryL1 (California)
Posts: 14,550
Posted:
I made no such assertion, Dean. Please re-read that imo social events are a "part" of what makes an HOA healthy.
DeanJ
Posts: 1,786
Posted:

“My 200-condo HOA has a Social Committee with a budget, which offers about 10 events a year. It just held a potluck Super Bowl party in our Social Room (holds 50) The SC provided hot dogs, fixin's & beverages. My spouse's fabulous deviled eggs were gone in no time!

Even though an expense in our hOA's case, one philosophy is that to help give owners a sense of community and connectivity, such events provide camaraderie and senses of belongingness*. These experiences supply positive residents' behavior --wanting to follow the rules, a willingness to join committees and even seeking Board membership.

So.... my strong opinion is that social events benefit the HOA as a whole and should be held -- they form part of the glue that holds a healthy HOA together.”

Oh, I read it correctly.

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