P.R. from Hartford County, Connecticut writes:
Dear Mister Condo,
I was maintaining the garden at the front entrance of our HOA community for two years. I was told that I could no longer do it because I was a liability to the association. Our HOA does have HOA insurance and when I contacted them I was told I was covered and did not need a waiver. The answer I received by our property manager stated a waiver did not hold up in court. I’m confused by the ambiguity of the answer. Please help!!
Mister Condo replies:
P.R., your desire to help with the garden maintenance at the entrance of your HOA is admirable. However, maintenance of common elements such as the garden are the responsibility of the Board. The Board is also fully responsible for minimizing liability for the association. This is the reason they have insurance. It is also the reason that most associations hire only licensed and insured contractors for all necessary work needed inside the association. Not that it is too likely that you would get injured doing the gardening but you might. And if you did, and you were not licensed and insured to do the work you were doing, the association could be found liable. It just isn’t a risk worth taking, especially considering the Board should be already handling this duty by hiring a contractor. I am sure you like doing the work and the association likes saving the money by not having to pay a gardening contractor but it is a bad business decision to allow an unlicensed and uninsured volunteer to do any work on behalf of the association. Yes, it flies in the face of reason, but it is better to be safe than sorry. All the best!