A very laudable idea but I would not suggest that an Association “sponsor” such a group. The fact that a group of people with a common interest lives within a certain association does not suggest that the group’s activities should be “sponsored” by the Association. In fact, there are very likely charitable and/or governmental organizations that the group could affiliate with. If however, the Association decided to entertain “sponsoring” such a group, among other things, the Association would have to very carefully analyze and detail what “sponsoring” means, the scope of the group’s activities and what risks the Association is undertaking. Risk analysis from an insurance perspective would be crucial because, among other things, off-site activities and use of non-association vehicles pose particular coverage issues.
Francis J. McGovern, Jr., Esquire
850 Carolier Lane
North Brunswick, N.J. 08902
Phone: 732-246-1221
FMcGovern@theassociationlawyers.com
www.TheAssociationLawyers.com
In this COVID-19 environment, I see a lot of risk for an Association to do this. However, this could be revisited once vaccines are available and widely disseminated and used.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com
www.austinlawllc.com
Although this is clearly a laudable idea, it is not one that the association should sponsor. The association should discharge the duties enumerated under its enabling documents, but should also strive not to go beyond those specific duties. If individual residents deserve to volunteer to assist with this program, obviously any can do so.
Patrick O’Dea
Nelson Mullins Riley & Scarborough, LLP
BNC Bank Corporate Center, Suite 300
3751 Robert M. Grissom Parkway
Myrtle Beach, SC 29577
(843) 946-5631
patrick.odea@nelsonmullins.com
www.nelsonmullins.com
I generally recommend that my community association clients refrain from sponsoring outside groups. The board’s duty is to act in the best interests of the association rather than any outside organization or group.
David Hellmuth
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
(952) 746-2107
dhellmuth@hjlawfirm.com
www.hjlawfirm.com