Volunteers

[Geochurchi]

Hi All, I am an owner at another HOA in Concord and I am curious as to how volunteering is handled at Winnipesaukee, are there waivers to be signed etc.
Thanks
Geo����

[Descant]

I'm not clear on the relatinhip you mention of being in an HOA and volunteering.

Generally, your personal liability insurance (Homeowners) would cover you. If you are volunteering with an organization, e.g. Boy Scouts, Lions, Rotary, etc they would have insurance. There is some special language that covers you if you are volunteering for the state, e.g. parks trail maintenance, or similar if you are a town volunteer.

[Geochurchi]

There is a line in the volunteers waiver form that states that a volunteer can be held liable if a 3rd party or property is damaged by side volunteer, they would be responsible for all attorney fees and any other costs determined by the court.
Geo 🇺🇸

[longislander]

Check dates of following articles


https://www.lawnow.org/can-i-be-liable-for-the-actions-of-my-volunteer-vicarious-liability-and-volunteers/

https://www.nhmunicipal.org/town-city-article/volunteers-and-liability-overview-legal-protections-and-municipal-exposure

https://www.degruyter.com/document/doi/10.1515/npf-2014-0001/html?lang=en

[upthesaukee]

I have volunteered my time (services) since the early 1980's, starting with my son's involvement in Little League and my daughter doing competitive swimming. My insurance agent suggested that I purchase a Personal Umbrella Insurance policy (PXC) for coverage while I am doing this volunteer work.

It does require what some would call high underlying insurance limits, but given today's litigious society, having a $1 Million PXC is cheap coverage to protect my personal assets. It covers my vehicles, my house, and personal liability, with the basic limits being primary and the PXC secondary. Nice piece of mind, and it is now part of my entire Personal Insurance policy coverage (one policy for all).

Dave

[Descant]

Upthesaukee is right. And, if you have a home, a second home, and a boat, maybe a couple of snowmobiles, as appears to be the case with many posters here, you should be looking at $2 or $5 million coverage. The incremental cost is minimal.

[Dick52]

No homeowner policy covers volunteers. Anyone serving on a BOD and is personally sued does not have coverage. You have to buy separate insurance and NOT just an umbrella for BOD work. You will find the premium for that coverage to be very, very, very expensive.

This question should go to a lawyer versus an insurance agent. At a minimum ask the underwriter to specify and highlight what part of your policy would cover you.

Your HOA I am sure is insured and protects the HOA from your "bad acts" and not you personally. NH offers some protection for volunteers but that "shield" is easily pierced.

Additionally you are assuming the litigation might come from a member of the HOA but the threat might come from the BOD itself. HOA leadership changes can result is axes to grind.


My advice is hire a lawyer who knows HOA's and get an opinion letter from them. The few hundred dollars spent could save you 100's of thousands.

[VitaBene]

I strongly suggest that you inquire about the board being covered with director's insurance. It will protect you from everything except outright malfeasance.

[wentworthwhitbreadIII]

I strongly suggest that you inquire about the board being covered with director's insurance. It will protect you from everything except outright malfeasance.

Many Directors and Officers insurance policies will solve this problem. Policies are not standardized so make sure you understand what you are getting. Randy at Melcher & Prescott is the go to for condominium association coverage in NH


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