What steps should an HOA take to protect its association from liability?
An HOA in Texas should take several steps to protect itself from liability. First and foremost, the HOA should have an up-to-date and comprehensive set of bylaws, which should include provisions detailing how the association will be managed and who its members are. It should also include language regarding how disputes among members or property owners will be managed and what processes should be followed to reach a resolution. Additionally, the HOA should have a risk management policy in place that outlines how to handle potential liability issues, and should also have a written policy to address dispute resolution and arbitration. The HOA should also make sure to have adequate insurance coverage for members and property owners. This should include a general liability policy to protect against any bodily injury or property damage that may occur on association property, as well as insurance to cover any potential legal action taken against the HOA. Beyond insurance coverage, the HOA should also have an attorney or legal counsel to provide advice on matters related to homeowners associations and the Texas property code. Finally, it is important for the HOA to be proactive in addressing any potential liability issues that may arise. This includes conducting regular inspections of all properties, making sure the association abides by the Texas property code, and enforcing any rules or regulations that have been put in place by the HOA. By taking these steps, an HOA in Texas can help protect itself from potential liability issues.
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