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Joining Your Board

IS SAFE

By Charles M. Tatelbaum, Tripp Scott PA

Why it is safe to join Protection Act (111 STAT. 218). This federal law covers all
not-for-profit organizations within the United States, and
the Board of your HOA preempts any state laws that may be more restrictive and not
providing the protection afforded by the federal statute. The
hen residents of our neighborhoods are Volunteer Protection Act provides:
approached about joining the board of the Except as provided in subsections (b) and (d), no volunteer
Warea's homeowners association, quite often the
response is "I would love to do it, but I and my employer are
concerned about any potential liability as a result of being a
director." While at one time this may have been a valid (1) the
concern, based upon current applicable federal law, volunteer’s responsibilities in the nonprofit organization or
volunteers who serve on boards of directors of not-for-profit governmental entity at the time of the act or omission.
associations or organizations are, except in limited special As a result of the applicability of the federal Volunteer
circumstances, immune from any claim for directors' liability Protection Act, our neighbors no longer need to have a concern
for their service as a board member.
that they may become subject to a claim made by a dissatisfied
When considering the issue and possibly joining the board of neighbor or one who disagrees with the board's activities.
an HOA, it must be remembered that homeowners Furthermore, as a result of the immunity created by the
associations are quite different from boards of directors of Volunteer Protection Act, in consultation with an association's
condominium associations. The condo boards operate and legal counsel and insurance professionals, a homeowners
manage the facilities and the common areas of the association may no longer need to carry directors and officers
condominium as well and as setting rules and regulations for insurance, or if such insurance is felt to still be necessary, the
the owners of the units. While the members of these boards limits of liability, and thus the cost, may be substantially
serve an important and needed function, condo boards of reduced. It is also important to have the homeowners
directors are totally different from those for neighborhood association's attorney make sure that the association is
homeowners associations
properly chartered as a Florida not-for-profit corporation.
Homeowners associations are generally not-for-profit volunteer
With our neighborhoods becoming more diverse in many ways,
organizations seeking to improve the neighborhoods and the
it is important that members of the community be active in order
lifestyle of those residing in the area. These associations play
for the homeowners associations boards to fully represent the
a critical and important role in being the conduit for the
constituency of the community.
residents to elected city, county and state officials, to
Service as a member of the board
municipal employees and administrators, and in providing
of a homeowners association is
social and charitable benefits for the community members.
rewarding and a valuable
Recent examples of the effectiveness of our local associations
contribution to the community, and
have been to improve parks and recreation facilities, increase
there should no longer be any
fire and EMS protection and facilities, helping to draft revised
hesitation or concern because of
noise ordinances and maintaining police and safety patrols
the fear of liability for serving the
within the community.
community as a member of an
As a result of concerns for individuals as to potential liability HOA board.
as a result of services as a board member for not-for-profit
organizations, in June 1997, Congress passed and President Charles Tatelbaum is pro bono legal
Clinton signed what became known as the Volunteer counsel for the Rio Vista Civic Association

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rio vista civic association • www.riovistaonline.com