HOAleader.com - Tip of the Week - June 5, 2015
Published: Fri, 06/05/15
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Man Down! What to Do If Someone’s Injured on Your HOA’s Property
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In this week’s tip, we address a reader’s concern that a slip-and-fall on HOA
pavement scheduled for repair will turn into an ugly lawsuit. Here, we give
you a hand with the first of four steps you need to take if you hear someone’s
been injured on your HOA property.
1. Contact your insurer. “The very first step is to notify the insurance
agent because the kind of injury this reader is talking about is almost
certainly covered by the association’s liability insurance,” says Barry
Kreisler, founder of Kreisler PLLC, a Chicago law firm that represents
70-100 associations, most of which are condos. “It’s the insurance company
that will run this operation. As soon as the incident is reported, the
insurer will get an investigator out there and take charge of the
investigation. In fact, I’d advise my association client not to incur any
expense with me or any other attorney. The associations I represent are all
well insured, for at least $1 million or more, and there’s no sense in them
incurring any expense.”
Hesitant to call your insurer because even a sneeze will raise your rates?
Confirm now whether that’s true. “Some people have a concern: If I notify my
insurer and it turns out to be nothing, haven’t I taken a chance on increasing
my insurance rates for no reason?” notes Matthew A. Drewes, a partner at
Thomsen & Nybeck PA in Edina, Minn., who represents associations. “Before a
situation like this arises, it might be wise to check with your agent about
whether the insurer treats a report as a claim even if it turns out there never
is an issue raised by the injured person. Certainly, if there isn’t going to
be an official claim on your claims history as a result of simply notifying,
you’re much better off having done so. You’re also at less risk of having your
claim denied from having failed to report it in a timely manner, and your
insurer can do what it needs to address the association’s claims.”
You should also begin an investigation, but be careful you’re not digging
too deeply. Find out more in our new article:
http://www.hoaleader.com/members/1184.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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4 Steps to Take When Someone Is Injured on Your HOA Property
An HOAleader.com reader asks, "A gentleman living in an over-55 community
fell on pavement that was to have been repaired and was injured....having to
undergo surgery, rehab. etc...physician now tells him it will be another
six months or a year before he gains mobility....now cannot be
employed....is this a suit in the making?"
Click here to read full article:
http://www.hoaleader.com/members/4-Steps-Take-When-Someone-Injured-on-Your-HOA-Property.cfm
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It May be Time to Shelve Robert's Rules at Your HOA
In this week's tip, we go boldly where few have gone before. We ask whether you
should table Robert's Rules of Order.
Many experts aren't fans at all. "There's a certain level of decorum you want
at your meetings, but it's hard to have a lay person follow them," says Joshua
Krut, a partner at Weiss Serota Helfman Cole Bierman & Popok, a law firm with
offices in Ft. Lauderdale and Coral Gables, Fla. "I've seen only one or two
presidents who were able to follow them over all these years in my practice.
They're very technical, not necessary, and it's confusing to owners or the
audience also."
Click here to read full article:
http://www.hoaleader.com/public/It-May-be-Time-Shelve-Roberts-Rules-at-Your-HOA.cfm
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Keeping HOA Meetings in Order: To Use Robert's or Not?
Do you follow Robert's Rules of Order during meetings? If so, why?
Few states or governing documents require HOAs to use Robert's Rules, but
some HOAs voluntarily adopt the long-established guidelines. Yet many
experts aren't fans at all.
Click here to read full article:
http://www.hoaleader.com/members/Keeping-HOA-Meetings-in-Order-Use-Roberts-or-Not.cfm
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Your HOA's Mechanicals Are Noisy! Should You Care?
Here's a problem our experts have seen time and time again: Complaints that
the HOA's innards are too noisy for nearby unit owners. In this week's tip, we
suggest that you investigate before dismissing them as the cries of people
who should have known what they were getting into.
Click here to read full article:
http://www.hoaleader.com/public/Your-HOAs-Mechanicals-Are-Noisy-Should-You-Care.cfm
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Can This Noise be Silenced? 4 Tips to Tell If It's the HOA's Responsibility
An HOAleader.com reader asks, "I live in a building where a noise problem has
developed that results from water pressure. When the water goes on and off, a
very loud thud occurs. As a resident (also a seven-year board member), this
is disruptive and also negatively impacts the value of my unit. The sound
isn't coming from my unit, but from above and next door. What's the best way to
determine responsibility for this (either surrounding units or HOA)? I'm
presuming it's the HOA since it's more of a generalized plumbing problem. As
a note, I'm having trouble getting the building manager to take this
seriously since it's hard to document a noise problem."
Click here to read full article:
http://www.hoaleader.com/members/Can-This-Noise-be-Silenced-4-Tips-Tell-Its-HOAs-Responsibility.cfm
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