Clubhouse Usage Guidelines for Liability and Alcohol Service
In this session, attendees will gain insights on liability exposure, licensing, insurance requirements, alcohol service regulations, and common area usage for political activities. Discussions on host liability, selling alcohol, and insurance considerations will equip participants with essential knowledge for managing clubhouse facilities safely.
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Presentation Transcript
Barefoot in the Clubhouse Use of Clubhouse & Common Areas
Northern California Panel Adrian Adams, Esq., Adams|Stirling, PLC Jeffrey A. Beaumont, Esq., Beaumont Tashjian Dawn Suskin, CCAM-LS.CID, FirstService Residential
Outcomes At the conclusion of this session, attendees will: Understand the liability exposure, licensing and insurance requirements, when alcohol is served or sold at an event Guide Boards through various common area smoking issues Properly respond to requests regarding common area facilities use for political purposes
Its 5 oclock somewhere! Serving Alcohol Selling Alcohol Insurance Considerations Recommended Rules
Serving Alcohol Host Liability: Furnishing or giving away o Civil Code Section 1714(c) o Business & Professions Code Section 25602
Selling Alcohol Selling or causing to be sold o Selling individual drinks o Entry fees and alcohol Liquor Licensing www.abc.ca.gov o Types o How to obtain? o Who should obtain? o What are the rules?
Insurance Considerations: Association Serving Alcohol? o CGL with HLL coverage o Umbrella policy follow form with HLL coverage Selling Alcohol? o Independent liquor liability coverage with assault and battery inclusion Consult with insurance agent
Insurance Considerations: Private Party Comprehensive personal or general liability coverage with HLL coverage (may not allow HOA to be additional insured) OR Special event policy with HLL coverage o www.Eventhelper.com Association named as additional insured under host s policy Vendors to name association as additional insured (e.g. caterer)
Recommended Rules Consider prohibiting sales Require security to monitor event For Private Functions o Insurance certificates and additional insured endorsements o Association insurance agent review o Liquor license, if allowing sales o Hold harmless, indemnity and defense agreement
If we see you smoking, we will assume you are on fire and take appropriate action. ~Douglas Adams
Smoking Nuisance Smoking Bans Trending Marijuana, Vaping and E-Cigs
Nuisance Private nuisances prohibited Civil Code Section 3479 Duty to enforce nuisance violations? See CC&Rs Abatement
Common Area Smoking Bans Birke v. Oakwood Worldwide et al. (2009) 169 Cal.App.4th1540 Municipal Ordinances CC&R amendment vs. Rule Adoption
Marijuana, Vaping and E-Cigs Legality Reasonable Accommodation Requests Vaping and E-Cigs How far is too far, if at all?
Prepare for 2020 Now! Common Area & Politics Civil Code Section 4515 Overview Peaceable Assembly Invitation of Public Officials Use of Common Area Recommended Rules
Civil Code 4515 Overview Governing documents cannot prohibit members from: Peaceably assembling Inviting public officials into community Canvassing and petitioning Distributing information
Peaceable Assembly Who? When? Qualifying purposes
Invitation of Public Officials Who? With Whom? Qualifying purposes
Use of Common Area Fee or deposit? Liability insurance? Pay premium or deductible on HOA policy? ADA Considerations?
Recommended Rules Reasonable time and reasonable manner First-come, first-served scheduling Room set-up services Limits on use of clubhouse fixtures (sound system, chairs, trash, linens)? Indemnification List of attendees?
Northern California Panel Adrian Adams, Esq., Adams|Stirling, PLC aadams@adamstirling.com (800) 464-2817 ext. 201 Jeffrey A. Beaumont, Esq., Beaumont Tashjian jbeaumont@hoaattorneys.com (866) 788-9998 Dawn Suskin, CCAM-LS.CID, FirstService Residential dawn.suskin@fsresidential.com (310) 437-6070
