CAI-NJ June 2017

3. The board has to hire an attor- ney to try and sue someone. But who? If it was a workmanship issue, how will the attorney prove the contractor did not follow the specifications? The engineer will not be liable, because they did not sign off on the installation. The contractor will likely say that the board allowed him to do the work according to his judgment. This liability could now fall onto the association. 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 have to 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 homeowners or committee members to take it upon themselves to actually do work in the community, the board can be assum- ing a large risk. Examples of self-help include, planting flowers, painting of CONT I NU E S ON PAGE 62

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