Volunteer directors and officers who serve on their boards face the potential for personal liability in serving the association. Although all states provide some form of immunity from liability for volunteers, the number of suits being filed each year against both community associations and their boards is increasing. The protections offered by states vary widely, and prudent board members need to consider them when formulating policy and participating in a community association.
Volunteer Immunity offers a summary of volunteer immunity according to the federal Volunteer Protection Act and each state’s volunteer immunity statutes and explanations of how the statutes apply to community associations and their volunteer officers and directors. Includes a chart of volunteer immunity by state.
CONTENTS
Introduction
I. An Overview of Volunteer Immunity
Exceptions to the Statutes
Immunity and Insurance
II. The Volunteer Protection Act of 1997
Protections under the VPA
Exclusions to the VPA
III. Volunteer Immunity Statutes State by State
IV. A Patchwork of Protection
Filling in the Gaps
Exceptions: Available in all Shapes and Sizes
Variations on a Theme: Defining Nonprofits and Volunteers
Conclusion
End Notes
Appendix: Chart of Volunteer Immunity State by State
ABOUT THE AUTHORS
Marc Markel
Marc D. Markel is a shareholder of the Texas law firm of Roberts Markel Weinberg PC, with offices in Houston, Austin, Dallas, San Antonio, and Sugar Land. He attended South Texas College of Law and was licensed to practice law in 1979. He is Board Certified in Residential and Commercial Real Estate Law by the Texas Board of Legal Specialization and is a Member of the College of the State Bar of Texas. He is licensed to practice in all courts in the State of Texas, the U.S. Supreme Court, the U.S. District Court for the Southern, Northern, Western and Eastern Districts of Texas, and the U.S. Fifth and Eleventh Circuit Courts. Marc is also a certified mediator and acts upon request as an arbiter.
Marc is a member of the Texas College of Real Estate Attorneys; a charter member and the only member in Texas of the College of Community Association Lawyers; a member of the Houston, Fort Bend, Bexar County, Dallas, and American Bar Association. Since 2005 Marc has been listed on Thomson Reuters Super Lawyers and has also been featured in the Super Lawyers, "Corporate Counsel" Edition 2010 magazine in the area of Real Estate. Marc is AV rated by Martindale-Hubbell, a peer rated review, which is the highest possible rating for both competence and ethics. His firm, Roberts Markel Weinberg is also AV rated and is listed on Martindale-Hubbell’s list of Preeminent Law Firms.
His CAI experience includes: Greater Houston Chapter: past president and past director; CAI National: member, Board of Trustees 2003-2005; member, Business Partners Council 2004-2005; past president and former director, the Foundation for Community Association Research; member, Foundation for Community Association Research research committee; past chair, Presidents’ Club; past chair, Texas Legislative Action Committee; and past board member and current Advisory Board chair, Texas Community Association Advocates Inc.
Jeffrey Roberts
Jeffrey D. Roberts is a founding shareholder of Roberts Markel Weinberg PC, with offices in Houston, Austin, Dallas, San Antonio, and Sugar Land. Since 1979, Jeff has maintained an active trial practice and has earned a reputation for successfully handling complex litigation. He is Board Certified in both Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization and heads the general litigation section at Roberts Markel Weinberg PC. Jeff is a member of the American Board of Trial Advocates (ABOTA). He has vast trial experience in numerous areas of law, including prosecution and defense of major personal injury claims, real estate, errors and omissions, maritime, commercial, toxic tort, employment practices litigation and personal injury, which has earned him a reputation for successfully handling complex litigation. In addition to his extensive trial experience in Texas, Jeff also acts as national counsel for a number of chemical and product manufacturers. Jeff holds an AV rating from Martindale-Hubbell, the highest rating available in both competence and ethics.
Jeff received his Bachelor of Arts degree from University of Houston in 1975 and went on to obtain his Doctor of Jurisprudence degree from the University of Houston in 1978 and was admitted to the State Bar of Texas in 1979. Jeff is licensed to practice before the Supreme Court of the United States, the United States Courts of Appeals for the Fifth and Eleventh Circuits, the United States District Courts for the Southern, Eastern, Northern and Western Districts of Texas, and all courts, trial and appellate, within the State of Texas. He is a member of the State Bar of Texas and a member of the Houston Bar Association.
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