IN THIS ISSUE FIVE POLICY QUESTIONS YOUR BOARD SHOULD CONSIDER BEFORE APPOINTING AN EMERGENCY PREPAREDNESS COMMITTEE: As the record setting wildfires give way to landslides and flooding, the question of emergency preparation is at the forefront of many director’s minds. INDEPENDENT CONTRACTOR OR AN EMPLOYEE? Without a doubt the stakes are high for any community association that is found to have misclassified one or more workers as independent contractors when they are truly employees of the association.
WINTER 2018
Five Policy Questions Your Board Should Consider Before Appointing an Emergency Preparedness Committee BY MARK G. GUITHUES, ESQ. AND MARK ALLEN WILSON, ESQ. – COMMUNITY LEGAL ADVISORS, INC.
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s last season’s record wildfires give way to this season’s landslides and flooding, the question of emergency preparation is at the forefront of many director’s minds. Here are five critical questions to discuss with your board, and make part of the committee’s charter, before appointing its members.
1. Should We Create a Committee at All? There is presently no legal mandate requiring associations to develop disaster response plans. While directors have a duty of loyalty to protect the association and its assets, few experts believe this obligation applies to the care of the individual owners from outside disasters (See Francis T.). If the board decides to
undertake this responsibility, potential liability will likely be found when an emergency occurs and the Committee fails to perform or provide as promised to the members. If the board believes disaster planning is an important part of its obligation, liability can be minimized by keeping disaster plans simple, and gearing Continued on page 2