CAI-NJ July 2021

MANAGEMENT TRENDS... from page 44.

recovery may prove difficult. Thus, it is important that you retain coun- sel to prepare the contract to avoid these liabilities. 4. If the wrong materials were used, then warrantees (usually 25 years) could be null and void. The engi- neer should approve and sign off on the materials as being as good or better than what was specified. One reason why adult communities should be so conscious of liability is due to the fact that retired residents like to volunteer, they also want to maintain tight controls on spending. In addition, there are often many retired professionals, who want to be of ser- vice to their communities. The reality is that no matter how tempting it is to rely on community members’ expertise and willingness to help, the liability incurred can be significant. The above examples pertain to contractors and work being complet- ed without the proper checks and balances, but another category of limiting liability applies to the practice of utilizing “self-help” practices. When a board allows homeown- ers or committee members to take it upon themselves to actually do work in the community, the board can be assuming a large risk. Examples of self-help include, planting flowers, painting of common area compo- nents, debris pick up, making small repairs to common elements, removing dead shrubs and performing tasks/ jobs that would ordinarily be performed

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