Liability if we Do It Ourselve?

Started by ChuckB2 • 10 replies • 1344 views

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ChuckB2 (Washington)
Posts: 14

Posted:

Our HOA has considerable common area that requires extensive work to get things in order and then a constant level of effort to maintain things.

We have had poor luck with a contractor and the previous board just let things slide, consequently we have a problem.

At our annual meeting this weekend we are going to pose a question to the homeowners asking if we should 1) contract the work or 2) do it ourselves after buying the neccessary tools. If we do it ourselves the initial expense the first year will be considerable but ensuing years will be very reasonable.

We would most certainly have to beef up our insurance, first thing if we do it ourselves.

Has anyone gone this route and what were your problems and issues? How did you handle the volunteer issues?

Thanks in advance for any input on the subject.

Chuck

MaryA1 (Arizona)
Posts: 7,043

Posted:

Chuck,

In my former assn of only 49 homes we tackled this problem in the early years. We had a group of about 6 people who religiously showed up to do the work. The majority of the homeowners couldn't be bothered! We had a landscaper but he couldn't adequately handle everything. We ended up hiring a landscaper who was capable of doing the whole job, at a considerable expense, but it was worth it. A small number of people always doing the work gets old after awhile. But, I would say go for it and enjoy it as long as it lasts!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Chuck,

Sorry, forgot to mention. . .

As long as we lived in the neighborhood my husband continued to oversee the sprinklers. He would adjust the settings,repari sprinklers heads, turn off the water during heavy rains, etc. We saved a lot of money just by him doing this. So if it doesn't work out with volunteers doing the bulk of the work, at least someone monitoring the watering system is a big help and can be a hugh savings to the assn. Most landscapers could care less if water is being wasted and most charge extra to repair the sprinklers.

BrianB (California)
Posts: 2,820

Posted:

i have lived in two HOA's where the volunteer owners did almost everything. Just make sure it's voluntary (not paid), and perhaps mention the kindness, charity, do it yourself attitude several times to make sure everyone knows this is not a work project.

can you get sued? sure. But you can get sued by the same homeowner who does it himself without being part of a group, etc.. So your risk is really not much higher than if you didn't.

You will want to make sure to maintain the equipment in good condition, etc.. That's where your liability is: you allow someone to modify it, remove a safety bar, tweak the blades, etc., and you have a problem.

KarenT (Washington)
Posts: 250

Posted:

Chuck,

Our situation pretty much mirrors Mary's. We started out doing all the work ourselves on a volunteer basis and it was always the same few who showed up and did the work. We started charging a fee for non-participation and that prompted a few more to volunteer, but that didn't last long. This year, we voted and hired out the work to be done which increased dues =}

BradP (Kansas)
Posts: 2,640

Posted:

Chuck:

I think it depends on the scope of the work. If you are cutting down trees, clearing brush,etc., things with a higher probability of an accident I would leave to professionals. If you planting plants, pulling weeds, or other things that have low probability of an accident then I think it is acceptable. You always run the risk of injury and getting sued, your association just has to weigh those things. A volunteer may be eager to help, but if they get hurt badly enough that they have to miss work then expect a suit to follow.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By BradP on 04/24/2008 7:25 AM
Chuck:

I think it depends on the scope of the work. If you are cutting down trees, clearing brush,etc., things with a higher probability of an accident I would leave to professionals. If you planting plants, pulling weeds, or other things that have low probability of an accident then I think it is acceptable. You always run the risk of injury and getting sued, your association just has to weigh those things. A volunteer may be eager to help, but if they get hurt badly enough that they have to miss work then expect a suit to follow.

BradP

I whole hearty agree with your post!

That is probably the most logical way to evaluate the majority of the responsibilitiy the association is required to maintain.

Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Chuck, check to see if your HOA's liability insurance covers committee members. If so, appoint the volunteers to the Landscape Committee. Also, for extra security have every volunteer sign a waiver.

BrianB (California)
Posts: 2,820

Posted:

since i own a portion of the common area (1/40 share, 1/400th share, etc.), can we simply say "Oops, looks like you got hurt on your own section of property there. Contact your Home Owners Insurance for a claim."?

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By BrianB on 04/24/2008 11:58 AM
since i own a portion of the common area (1/40 share, 1/400th share, etc.), can we simply say "Oops, looks like you got hurt on your own section of property there. Contact your Home Owners Insurance for a claim."?

You know, a really good lawyer might have fun with that!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brian,

Love your humor! You must live in a condo assn. That wouldn't work in a planned community where the assn owns the common areas.

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