5 minute read
Getting Social
Making Your Community’s Next Event a Success!
By A.J. Jahanian, Esq.
If community associations don’t ultimately serve a higher purpose of fostering a sense of community, pride, and neighborliness, are they meeting their full potential? We know that common interest development (or HOA) living often provides the benefits of safety and security, as well as protected property values, but they can also play a crucial role in fostering a sense of belonging and camaraderie among the residents. If done right, hosting social events in common areas can strengthen community bonds. That begs the question, how can associations ensure that social events are “done right?” While it may sound easier said than done, community leaders must prioritize safety without compromising fun.
Boards and property managers can ensure enjoyable and safe (and legally compliant) social events within their communities by first working with counsel to assess the common area risk and liabilities. When confirming the specific common area location where the event will be held, identify higher-risk areas, such as those with uneven surfaces, insufficient lighting, or inadequate emergency exits. Perhaps holding a capacity event around the swimming pool, where children may attend without barriers or precautions, is an event the board would rather pass on. To the extent the association can implement appropriate mitigation measures to address these risks effectively, it should do so. In addition to physical mitigation measures such as repairing uneven surfaces before the event, installing appropriate signage or barriers, or installing adequate lighting, mitigation also includes securing appropriate liability insurance to protect both the association and its residents in case of accidents or injuries during the event.
Can a sense of community and camaraderie really be enhanced at an association-sponsored event without alcohol? We would like to think so, but it’s worth mentioning the risks that alcohol service creates, as well as ways to mitigate same.
First, management and boards should consult with the association’s legal counsel regarding any alcohol laws, such as licensing requirements or permits, as those may be required to host an event where alcohol is served. Alternatively, the association may choose to hire a professional caterer who serves alcohol but should nonetheless confirm that they are appropriately licensed (and insured) to handle alcohol service.
Second, boards should decide in advance whether the association will be charging the residents any fees to attend the event where alcohol is being served. Charging a fee for admission or for the cost of beverages increases the association’s exposure to liability for injuries that may occur as a result of alcohol consumption. Civil Code §1714(c) states that no “social host” who furnishes alcoholic beverages to a person can be held legally accountable for their injuries (or death) resulting from their consumption of those beverages. In other words, the exchange of money modifies the “social host” relationship of the association to the partygoer residents.
Third, Business and Professions Code §25602(a) makes it a misdemeanor to sell or provide alcohol to any “habitual or common drunkard or to any obviously intoxicated person.” This means that the association, or the hired catering company, must take extra care to cease service to any obviously intoxicated attendees. Finally, insurance is key. As the association’s general liability policy likely will not include coverage for liquor liability, boards should consult with the association’s broker and, if applicable, obtain adequate “host liquor liability” insurance.
Policies and waivers aren’t exactly the best mood setters for a fun social event, but implementing these and obtaining attendees’ signatures is an added layer of protection for the association and residents. These policies and/or waivers should address behavior, alcohol consumption limits, and expectations for event attendees while clearly communicating that residents and attendees participate in the event, consume alcohol, or otherwise, at their own risk. Again, it is important to consult with legal counsel to ensure that the policies and waivers are legally enforceable and effectively communicate potential risks associated with the event.
Effective planning and organization are crucial to hosting safe and successful community events. Management should collaborate with the board to establish event goals, budgets, timelines, insurance coverage, and any security precautions. Considering factors such as the size of the common area, expected attendees, and the nature of the event will help ensure that adequate resources are available and that the risks mentioned above are mitigated. Community collaboration in the planning process is also an option. Let’s face it, boards and managers are busy enough, and having some additional input can’t hurt. To this end, the board may want to establish a dedicated event committee of community volunteers to assist with planning and execution. Committee members can be tasked with event promotion, logistics, implementing safety measures, and ensuring a coordinated effort (all at the final direction of the board).
By prioritizing safety and legal compliance and implementing effective policies and procedures, community leaders can create an enjoyable and safe social event. Management and board members play a crucial role in this process, but they are not alone. By effectively collaborating with community volunteers and trusted advisors, they can create a vibrant and memorable experience that strengthens bonds within the community. Fostering a sense of unity and camaraderie through HOA-sponsored events contributes mightily to the overall well-being and satisfaction of the residents.
