Homowners and maintenance work

When is it OK for homeowners to do maintenance work around property? Our HOA is despirately trying to keep HOA dues as low as possible. We have some very qualified, capable homeowners who would like to volunteer their time doing minor maintenance repairs, i.e., fixing gutter downspouts, providing labor for the addition of landscape rock and mulch, repairing fence pickets, minor painting. Is there a liability issue or other problems that would make this an unwise decision?

Sue,
I have to agree with John,

This liability B.S just is way too often used. Why cannot a HO fix a downspout, spread some mulch and replace a lightbulb. Most reasons for budgets in HOAs are so inflated is the cost of doing such simple jobs such as those. Of corse we don't want the sick, elderly or physically unable people out there but when there are big surley type guys in the community who want to do these simple tasks to help keep costs down, then God Bless them and give them some praise.

Another example, our Master Gardeners volunteer on a daily basis at churches, schools, community places and all kinds of charity situations without the fear of liability rearing it's ugle heads. Have many of us gotten hurt doing these tasks. Of course we have. Part of life is cutting yourself, dropping something on your foot or just perhaps being careless. DUH! Life cannot continue to function as we have been doing with this lawsuit creature staring at us at every turn. Grab the bull and go for it. Down with lawyers!(at least the ambulance chasers)

I'll bite. What exactly is the contractor/HO threatening?

Nothing specific yet. He used to be a board member. He confronted one of our homeowners who was helping out with a small odd job that the ex-board member was paid for in the past. The confrontation was enough to convince the volunteer homeowner to say he didn't want the harrassment and wouldn't do any more volunteer work till this was resolved.

I would say that as long as the work is not something that requires a specific license or bond or something to do, I'm not getting his point.

Aside from the ex-board member harassing the volunteer, if there were no conflicts, is there a LEGAL reason not to allow those who want to volunteer their time and energy to the community?

We have a beautification committee. There are only 3 of them, but they share the responsibility for doing some things around the community, like cleaning trash from the canals, upgrading the entrance with plants and mulch. We can't afford to have the landscaper do those things. He does the mowing, edging, etc., but that's it.

things to put in your legal folder:

a signed agreement from the volunteers that they have their own insurance, and absolve the HOA from liability.

a clear, plain language statement that no money or renumeration is exchanged, this is all free/voluntary, signed by volunteers

and a copy of some common sense "volunteer rules" that they should follow/be discussed: ie, follow mfg rules on ladder use, report any unsafe conditions to the HOA board, do not do more than capable of, watch for electrical/water, stay away from power lines, never work on "live' electrical circuits, etc.

these won't shield you absolutely from a lawsuit, but they will HELP, they document your HOA professionalism, and honestly, the little training page/form/tips, signed by the volunteer, often opens their eyes to the fact that they COULD get hurt doing something wrong, and that the HOA cares enough about them to want them to do it right.

Brian,

If I volunteered, or was asked to volunteer, and I was presented such a document, I'd reply "Thanks, but no thanks." As I would venture most others would. Plus, as you noted, same really doesn't provide insulation from liability should something bad happen. While I understand your position, having folks jump through hoops that might scare them off is counter-productive and unnecessary.

Sue,
Just don't pay your members anything AT ALL and you will be fine. Any form of compensation will move them from volunteer to employee which is a whole other can o' worms.

You should, however, confirm with the association's insurance agent that the association's policy includes coverage in the event a member subjects the association to liability. Ultimately, responsibility for operating and managing an association rests with the HOA's BOD, whether it hires a management company or is self-managed. Therefore, a board does not escape its exposure to liability when it "hires" or accepts volunteers for services rendered. As a board or its members are not automatically insulated from liability when it relies on the advice of a management company in making a decision that affects the association, it may still be liable for a breach of fiduciary duty on mismanagement or non-management grounds if the board fails to exercise adequate supervision, or failed to monitor the delegated matter through self-management.

I know I do a bunch of work around here as President, but when a homeowner, just yesterday said he "used to be an electrician," and could fix our lawn sprinkler's transformer, which had just blown, I said, "Thanks, but no thanks." Our lawn guy ordered the part and installed it which is exactly what our dues are for. So, a combination of paid/volunteer, a signed volunteer form/HOA's insurance should keep your 'hood happy, sassy and groovin!

As for the disgruntled ex-board member, make sure he doesn't have a case in that you are using unlicensed, volunteer work for work that requires a licensed contractor.

Dorothy

Thank you all for your responses - very, very helpful.

One last question: one gentleman has done a lot of volunteer work around here - if we were to pay him what's the "can of worms"? Our liability?
Thanks again!

sue, if you pay someone, depending on the amount and the service, you could open some of the following worm cans:

Tax liability with IRS
WOrkman's compensation issues
you could become an employer, and subject to employment laws (Cal OSH, for example, in California)
recordkeeping
favoritism charges
local ordinances regarding bonding, work without bond, licenses, etc.

I would recommend that you call your insurance agent. They can tell you what you are covered for and what additional coverage you may need. Discuss the possibility of paying a resident for some of his time.

But unless the resident is struggling (or laid off), I would suggest that you may have a better option. Buy a small gift, print up a certificate of appreciation and recognize his efforts. A small gift is not considered income or payment.

I would suggest that when it comes to dealing with areas such as electrical you don't open the door to just anyone. If you have a qualified electrician in your neighborhood that is one thing. (We do have one who has helped us.) But generally you must have credentials to legally work on the HOA's electrical items. If you aren't sure call the department who issues building permits. Most are quite happy to give you guidance.