Could I be found liable under the following circumstances?
Would I be covered by our Directors and Officers insurance if I am
neither a director nor an officer? In Maryland.

I live in a townhouse community of slightly over 100 houses. We are on
not a steep but a clear hill, sufficient to make cars slide when streets
are icy. It's the policy and practice of the HOA to hire a firm to
plow our streets when it snows, and to salt the streets then and when a
layer of ice is expected. (like last night)

Because we are short of money (because the documents have made it so
hard to raise the dues (and for other reasons), and because the
plowing/salting company has come out and billed us (of course) even when
no snow or ice occurred, we made a rule with them that they need our
Okay each time. I am the contact person and by default the decider if
they should come or not.

If I say they should not come but I'm wrong and there is in fact an ice
"storm" or snow and the next morning when people leave for work, a car
slides and collides with another car, could I be liable for the damages, because the driver(s) relied on the HOA to take precautions against the
ice?

If the HOA and I are liable, would I be covered by the Directors and
Officers insurance, even though I have no title, I'm no longer on the
Board, and I don't think I'm an officer.

We have a couple of the insurance documents, for our Erie Insurance
Exchange General Liability Policy, on our management company's webpage,
but they are only a summary, no details, no text (and even that can't be selected or copied) so please take your best guess whether I'm the de
facto Snow Removal Officer, and that means the insurance covers me. Or
am I a nobody? Should I have the Board formally name me the Snow
Removal Officer?

There is generally no limit to the number, titles, or names of officers,
is there, as long as they each have a legitimate role in the operation
of the HOA? For example, we could also have a Doggy Refuse Bag
Dispenser Officer, even though I don't see how anything that person
could do or not do could cause damages over a few dollars.

--
I think you can tell, but just to be sure:
I am not a lawyer.

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Sorry to top post, but it's appropriate in this instance.

Your question can't be answered with the information given. First, is
the road a public or private road? If it's a private road, then yes, you
could be responsible if it's determined that your actions were negligent
and the person who was injured had a right to be there at that time.

It is unlikely you are covered by D & O insurance if you are neither a
director or officer. But it's impossible to know without reading the
policy. You should talk to your carrier about that, and ask how they
recommend you handle the situation.

micky <[email protected]> wrote:

Could I be found liable under the following circumstances?
Would I be covered by our Directors and Officers insurance if I am
neither a director nor an officer? In Maryland.

I live in a townhouse community of slightly over 100 houses. We are on
not a steep but a clear hill, sufficient to make cars slide when

streets

are icy. It's the policy and practice of the HOA to hire a firm to
plow our streets when it snows, and to salt the streets then and when a
layer of ice is expected. (like last night)

Because we are short of money (because the documents have made it so
hard to raise the dues (and for other reasons), and because the plowing/salting company has come out and billed us (of course) even

when

no snow or ice occurred, we made a rule with them that they need our
Okay each time. I am the contact person and by default the decider if
they should come or not.

If I say they should not come but I'm wrong and there is in fact an ice "storm" or snow and the next morning when people leave for work, a car
slides and collides with another car, could I be liable for the

damages,

because the driver(s) relied on the HOA to take precautions against the
ice?

If the HOA and I are liable, would I be covered by the Directors and
Officers insurance, even though I have no title, I'm no longer on the
Board, and I don't think I'm an officer.

We have a couple of the insurance documents, for our Erie Insurance
Exchange General Liability Policy, on our management company's webpage,
but they are only a summary, no details, no text (and even that can't

be

selected or copied) so please take your best guess whether I'm the de
facto Snow Removal Officer, and that means the insurance covers me. Or
am I a nobody? Should I have the Board formally name me the Snow
Removal Officer?

There is generally no limit to the number, titles, or names of

officers,

is there, as long as they each have a legitimate role in the operation
of the HOA? For example, we could also have a Doggy Refuse Bag
Dispenser Officer, even though I don't see how anything that person
could do or not do could cause damages over a few dollars.

--
Stu
http://DownToEarthLawyer.com


--
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On 2/6/2025 8:39 AM, micky wrote:

Could I be found liable under the following circumstances?
Would I be covered by our Directors and Officers insurance if I am
neither a director nor an officer? In Maryland.

I live in a townhouse community of slightly over 100 houses. We are on
not a steep but a clear hill, sufficient to make cars slide when streets
are icy. It's the policy and practice of the HOA to hire a firm to
plow our streets when it snows, and to salt the streets then and when a
layer of ice is expected. (like last night)

Because we are short of money (because the documents have made it so
hard to raise the dues (and for other reasons), and because the plowing/salting company has come out and billed us (of course) even when
no snow or ice occurred, we made a rule with them that they need our
Okay each time. I am the contact person and by default the decider if
they should come or not.

If I say they should not come but I'm wrong and there is in fact an ice "storm" or snow and the next morning when people leave for work, a car
slides and collides with another car, could I be liable for the damages, because the driver(s) relied on the HOA to take precautions against the
ice?

If the HOA and I are liable, would I be covered by the Directors and
Officers insurance, even though I have no title, I'm no longer on the
Board, and I don't think I'm an officer.

We have a couple of the insurance documents, for our Erie Insurance
Exchange General Liability Policy, on our management company's webpage,
but they are only a summary, no details, no text (and even that can't be selected or copied) so please take your best guess whether I'm the de
facto Snow Removal Officer, and that means the insurance covers me. Or
am I a nobody? Should I have the Board formally name me the Snow
Removal Officer?

There is generally no limit to the number, titles, or names of officers,
is there, as long as they each have a legitimate role in the operation
of the HOA? For example, we could also have a Doggy Refuse Bag
Dispenser Officer, even though I don't see how anything that person
could do or not do could cause damages over a few dollars.

Even though you are not a director or officer, you are acting as agent
for the HoA. So the general rule of respondeat superior or “let the
master answer” applies.

Note that if you acted negligently, the HoA - or the insurance company -
could sue to recover what they paid out. But if you have homeowners
insurance, that should cover up to the limit of the policy.



--
I do so have a memory. It's backed up on DVD... somewhere...

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In misc.legal.moderated, on Thu, 6 Feb 2025 12:24:49 -0800 (PST),
"Stuart O. Bronstein" <[email protected]> wrote:

Sorry to top post, but it's appropriate in this instance.

Your question can't be answered with the information given. First, is
the road a public or private road? If it's a private road, then yes, you

Yes, we do own the streets. We tried to give them to the county but
they won't take them. :-)

could be responsible if it's determined that your actions were negligent
and the person who was injured had a right to be there at that time.

It is unlikely you are covered by D & O insurance if you are neither a >director or officer. But it's impossible to know without reading the
policy. You should talk to your carrier about that, and ask how they >recommend you handle the situation.

Thank you for your clear speedy answer. I've written to the president
and to the lawn-and-snow chair (who is a board member) and told them I
can't be the contact until we resolve it. Snow and icy rain are
predicted for Saturday. Tomorrow I will make very sure the snow-plow
people know I'm not the contact person. I'm glad I thought of this
before something went wrong. (I was a board member when I became the
contact, and for years before that, until January 2024.)

Because we are short of money (because the documents have made it so
hard to raise the dues (and for other reasons)

Someone wrote to ask what the other reasons were that it was hard to
raise dues or other money.
1) The place was pretty well built but we keep having water main leaks
that cost us about 10,000 each time. Several times a year. We were
told that they should have used flexible (steel) water pipes so that
when heavy trucks drove down the streets they wouldn't break the pipes,
but I think we also have water leaks under the sidewalks.

2) We have a hard time attacting owners with more money because an
earlier president cancelled our rental contract on the swimming pool, a contract limited by the Maryland Cost-of-Living index, and other
townhouses and apartments around here all have poois. When I organized
a slate of 6 candidates who all wanted the pool, for vacant board
positions (5 expiring and one more because someone moveed away), the
president lied to the two people counting the votes, saying anyone who
owed money, including the first, current quarter's dues, on Jan 15, the
day of the election, could not vote, when the actual rule only kept
people who also owed the *previous* quarter's dues from voting. Then
she said she had destroyed the ballots 3 days after the election. With
the help of the clerks at the county clerks' office I sued her and the
Board. Of course try had D&O insurance to pay for their lawyer and I
only had me, but I did pretty well, until their side decided to have new
board elections, and after most of my slate was elected (but not me this
time. I think I had become too controversial) she somehow convinced
enough of them to no longer support the pool. I wish I had asked them
how, but I was too disgusted to talk to them.
She also lied at a meeting and said that the apartment building which
owned the pool was planning to fill it in. I talked to the manager of
the building and he said Never. Not many of his residents used the pool
but even if no one did, they had to have it because "no one would rent"
if there were no pool, even if they never use it. She was quite a liar.
She also got the homestead credit both for her house and the one her son
lives in that is in her name, even though the law only allows a person
to have one house with that credit. She also told me my neighbors were
saying bad things about me, which I'm sure they were not. She told other neighbors similar bad things. . Our own mini-trump. She has
Altzheimres now and can't live alone.

3) The neighborhood is 94% black, has been for years, and even middle
income blacks with good jobs tend not have as much savings or
disposeable income. It was about 20% black when I moved her almost 42
years ago, and from knowing a little about Baltimore, I knew before I
bought that it would increase. I am white, and I've always lived
below/well within my means. Increased dues etc. don't bother me.
My lawyer hired to help me buy the house also told me that the
percent of black peopole would increase and I've yet to decide if I
should dislike him for collaborating in the "Let's keep property values
low for blacks by discouraging white people from buying there, etc." or
I should recognize that he was doing his duty by educating me and
promoting my possible interests, in case this mattered to me, which he
probably thought likely.

(He also gave me a flat price, and then failed to remind me to get
title insurance, and when I asked why he didn't, he said I "didn't need
it" (even though the house lots come in many different shapes and sizes
and may not be built where the plat says they are supposed to be and the property was subdivided for the first time when these townhouses were
built, 4 years earlier, and it turned out, we were using land we did not
own. It didn't effect my lot but we had to give the next n'hood land we
did own so we could keep the part we were using but didn't own.

--
I think you can tell, but just to be sure:
I am not a lawyer.

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Barry Gold <[email protected]> wrote in news:vo41bh$2eln4$1@dont-
email.me:

Even though you are not a director or officer, you are acting as agent
for the HoA. So the general rule of respondeat superior or � olet the
master answer� applies.

Respondeat Superior only means the employer can be held responsible. It doesn't mean the employee isn't responsible. On the contrary, everyone is always personally responsible for their own torts, even if someone else is
also responsible.

--
Stu
http://DownToEarthLawyer.com


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On Thu, 6 Feb 2025 08:39:45 -0800 (PST), micky <[email protected]> wrote:

Could I be found liable under the following circumstances?
Would I be covered by our Directors and Officers insurance if I am
neither a director nor an officer? In Maryland.

If you have home owners insurance then look into an umbrella policy for general liability.

IANAL.

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In misc.legal.moderated, on Fri, 7 Feb 2025 08:43:08 -0800 (PST),
"Stuart O. Bronstein" <[email protected]> wrote:

Barry Gold <[email protected]> wrote in news:vo41bh$2eln4$1@dont- >email.me:

Even though you are not a director or officer, you are acting as agent
for the HoA. So the general rule of respondeat superior or � olet the
master answer� applies.

Respondeat Superior only means the employer can be held responsible. It >doesn't mean the employee isn't responsible. On the contrary, everyone is >always personally responsible for their own torts, even if someone else is >also responsible.

It looks like I/we'll never know what the D&O insurance policy says,
because it was easier for them to just let me resign as snow contact.
It's for the better. I usually turn my cell phone off when I'm home and
I kept forgetting to keep it on when snow or ice was expected, or to
check if it was expected. Not very likely my scenario** would happen,
but none of the things D&O insure for are very likely. **I didn't even
list the possibility someone was hit and killed by the sliding car,

Thanks all.

--
Stu
http://DownToEarthLawyer.com

--
I think you can tell, but just to be sure:
I am not a lawyer.

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On 2/7/2025 8:43 AM, Stuart O. Bronstein wrote:

Barry Gold<[email protected]> wrote innews:vo41bh$2eln4$1@dont-
email.me:

Even though you are not a director or officer, you are acting as agent
for the HoA. So the general rule of respondeat superior or ƒ olet the
master answerƒ applies.

Respondeat Superior only means the employer can be held responsible. It doesn't mean the employee isn't responsible. On the contrary, everyone is always personally responsible for their own torts, even if someone else is also responsible.

That's what I said: the employer (HoA) can be held responsible, but the
actual tortfeasor (the original poster) can also be held responsible. If someone is injured, they will probably sue both, collect what they can
from the OP, then the rest from the HoA.

I see from a later post that OP is no longer the "snow contact", so the
problem is now moot.

--
I do so have a memory. It's backed up on DVD... somewhere...

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