QUESTION
Is the old HOA Board liable for personal injury
Asked on Jul 07th, 2014 on Personal Injury - Colorado
More details to this question:
While doing volunteer work for the HOA I was run over by the HOA owned tractor. Dislocated and broke my ankle requiring surgery. After 13 weeks I'm still healing and don't have full use. For years we've been told, by the HOA's board, that volunteers were covered by the HOA's insurance. This turned out to be false. The board was asked if volunteers were covered on several occasions. Road maintenance has been done by volunteers for years and the board expected volunteers to do it. The old board that told us this was recently forced to resign. Are the old board members liable? The HOA's insurance agent said that the board NEVER asked them if volunteers were covered.
1 ANSWER
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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The laws governing HOA activity are an area of specialization and you should seek an attorney who handles such matters routinely for answers to your question. Much will depend upon the evidence of past assurances of insurance coverage, as well as the specific facts of the accident - whether a fellow volunteer was driving the HOA tractor, whether a release was signed, and the details of the accident.
Answered on Jul 10th, 2014 at 7:16 AM