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Question: I live in a manufactured retirement community. We own our home, but pay rent. We have an HOA and I guess we are incorporated. I am now on the board, and my question is we have a man in the park who organizes travel excursions. The HOA pays his license, his insurance, and his other bills. We maybe get 2-3 thousand back for the HOA in a year. We as a board have started discussing cutting ties with him. He travels everywhere and overseas on these trips. People in our park and other parks also go. My question is in these times are we looking for trouble legally, if some accident or tragedy happens to these people? Is it recommended that we do not pay his way any more? He could still do this all on his own.
He works for a travel agency, but we pay his expenses. For me the little money we get back, it’s not worth it. Thank you.
Answer: It’s not entirely clear to me what the HOA’s relationship is with
this travel agent. I would suggest you review the contract first — and
if there isn’t a written contract, there should be.
Anyone who has the filing fee to spend (and some people who don’t)
can sue anyone, so it’s always possible that someone would sue the HOA
if something happens. However, if your relationship with the agent is
sufficiently distant-and all parties have adequate insurance-the risk
may be acceptable.