BOD Pres. injury

It's possible that the governing documents or state law may prescribe who is liable for personal injury to board and/or committee members while performing official duties. Then again, they may not.

IMO, normally, personal injury to anyone, including a homeowner, which occurs on common elements, is covered by the association's liability insurance. In this case, one would have to check the insurance policy to see who is covered, what is covered, and under what conditions. The policy may exclude board or committee members while on official duty. It may not.

First, though, it has to be determined whether the ankle injury is through negligence on the part of the association, or not. If it is, (ie. stepped in a hole or something), then the association's liability insurance may cover it.
If it is not through the association's negligence, then I think it comes down to whether or not coverage for personal injury to board and/or committee members while performing official duties is specifically stated in the governing documents or state law. If it is not mentioned, then I think it is the responsibility of the individual.

If the individual has their own insurance, I would submit the claim to that insurance company first.

If the individual's insurance refuses to pay the claim, or if it pays and there is a balance remaining (ie, a copay), then I would submit a claim for that amount to the association. The association should then submit the claim to their liability insurance company. If it pays, fine. If it does not pay, then it's up to the board, based on the governing documents and state law, to determine whether or not to pay.

Anyway, that's how I suggest it be handled. Submit the claim to the insurance companies. First, submit to the individual's medical insurance company. Then, submit to the association (board). The association (board) then submits to their liability insurance company (the individual doesn't submit to the association's liability company directly, the board must do that). Let the insurance companies sort it out first.

And this is the President of your Board? Boy good luck with this one!

Did anyone witness her "accident"?

So now she wants the property to cover her medical costs.

Just what amount of money is she asking for? What amount of money is it she now threatens a lawsuit about?

Sounds like real Board President material to me.

Trip, force the property to pay some minimal costs, and if not sue your own property while serving as Board President.Yes seems she is acting in the best interest of the property.

Did she hit her head when she fell or has this been her attitude for life?

What about the deductible? Most insurance policies would have you cover the deductible on any claim. So out of pocket would that be more then the amount claimed by your accident prone President.

After some time people tend to show you their true nature. While this issue presents a minor challenge the bigger problem is that your property has a person in a leadership position that would seem to lack ANY qualities that would qualify her to lead.

My standard question tho Board members when decisions need to be made is "What is best for our property?" Are your President's actions best for YOUR property? Hardly

Good luck with her leading the way and perhaps you might want to consider hiring a nanny to watch over her......So she doesn't hurt herself in the future and then you have to pay for it....

Anyone who does this is looking for a quick buck. She should be ashamed of her claim.

RW1,

I would have to agree with the majority of the previously written posts. To reiterate, the President should be ashamed of her claim and especially since she is a board member and worse yet the President!

Apparently she isn’t aware, or is and just doesn’t care, of the damage she has placed on the community, indirectly?

As a fellow board member I’m sympathetic for your entire community. I personally wouldn’t want to “work” along side of someone with that kind of mentality.

I would think that would also concern you and “IF” not it should.

Chuck W.

Why should the president be ashamed of her claim? She was injured performing HOA duties. Maybe she wasn't requested to do so, but she was doing HOA business. She as a volunteer is supposed to incur the cost of a sprained ankle? Perhaps it isn't just sprained, perhaps she tore ligaments in her ankle and could require surgery.

To me it is this mentality that keeps volunteers from coming forward, the HOA wants your time, mind and now your body sacrificed.

I think it is well within her rights to submit a claim to the HOA insurance company for her expenses if she was doing HOA work. And anyone who says she should just pay it herself should be ashamed.

RW:

To answer your question I agree with you, let her submit a claim to the insurance company, I do not think the HOA should reimburse her.

I agree with Brad, and said a similar thing in an earlier post.

The president is a homeowner (I assume), just the same as anyone else. The HOA's insurance pays if ANY homeowner is injured on common areas. Why should a homeowner be excluded just because they are president? Now, it may be that the insurance company excludes board members and officers while on official duty, but that would be specified in the policy. Payment may depend on whether there was negligence, but then again, it may not. It depends on what the policy says.

I don't know if she can submit the claim directly to the insurance company. She may have to submit it to the board and the board may have to submit it to the insurance company.

After thinking this over more and reading some of the later responses, I think I was too quick to respond. Regardless of whether or not the assn's ins rates will increase because of a claim, should be the last point to consider. Afterall, isn't the reason for having ins. to take care of matters such as this? What is more important is the fact that someone (makes no difference if they are or are not a board member) was injured on assn property. That injured person has a right to have a claim filed on their behalf. There are no guarantees that this injury might not evolve into something even more serious at a later date and the injured person should be afforded the protection of having made a claim.

So, I stand corrected!

Brad,

As noted above, our liability doesn't cover "insureds." So "her" claim wouldn't be (under a policy like ours) third party, but instead, first party. Depends on the policy inclusions and exclusions.

Sure, anybody can submit a claim, but that doesn't mean it's covered.

Someone please correct me if I'm wrong. But if the amount you want to recoup from the ins. policy is less than the deductible, then there isn't a claim to make. No one in their right mind would file one, right????? What would be the point? I believe the deductible would be at least $1,000 for this type policy.

Deductible doesn't really matter. If she submits the claim the insurer would process it, either allowing it or denying it. Once that determination is made they should calculate the payout. Then if the amount is less than the deductible she should be able to recover that amount from the HOA since it has been determined it was an allowable claim.

I think you better talk with your association attorney. There are implications here to be very aware of.

1) Most of the time the HOA is nor responsible for accidents of people on common property short of negligence. But if this is the case and you decide to cover one person, you open the door for being obligated to pay for others.

2) If you agree to pay her deductible, then you could end up on the hook to pay the rest of it back to her health insurance company. Health insurance companies regularly look to recoup from others when liability can be proved. And your paying for it could be proof enough that you accept liability.

Finally remember that the action you take for your president can be no more or less then for other members of your community.

Consider the payment to the lawyer as a small insurance policy. If he believes you should pay, then you avoided the cost of a lawsuit. If he thinks not, she may back down. Then you avoid the cost of paying her costs. Either way, your membership can rest knowing that you are taking your responsibility seriously.