HOA incidents can strike at any time. Maybe someone tripped and fell in the clubhouse parking lot, or perhaps a resident reported a fire in their unit. When accidents occur, you must act quickly and decisively. The first 24 hours after these stressful situations can influence the outcome of any subsequent claims, lawsuits or reputational damage.
What to do immediately
In the first 24 hours after an incident, HOAs need to:
- Address any immediate safety concerns to prevent further harm.
- Take photos, videos and detailed notes about the incident.
- Collect accounts from anyone who saw or heard the incident.
- Preserve the scene for investigation if necessary.
- Report the incident to your insurer promptly.
- Alert all board members about the situation.
- Consult your bylaws, CC&Rs and insurance policies.
- Inform residents as appropriate.
- Reach out to your property manager, if applicable.
HOAs have a legal duty to maintain common areas and take reasonable care to prevent foreseeable injuries. This is why documenting the scene, gathering witness statements and preserving evidence are crucial to defending potential claims. Swift action is often advantageous in mitigating the risks of legal liability, reputational damage and financial losses.
Do not let the first 24 hours slip away
Even seemingly minor incidents can lead to significant legal problems for your HOA. You need an experienced attorney on your side to protect your association’s interests. An attorney can help you take control of the situation and set your community on a path to recovery.