COOPERATOREVENTS SOUTH FLORIDA EXPO. DEC 8TH, 2022 . BROWARD COUNTY CONVENTION CENTER. REGISTER NOW!

Q&A: Artistic Liabilities

Q Valuable paintings will be hung in our newly renovated lobby, which is a common  area of our condo. Suppose they are stolen or damaged? The owner who has loaned  them has personal insurance, but since the paintings are in our common area,  can he hold us liable? How can the other residents protect themselves from a  future lawsuit or liability from any such loss to the owner of the paintings?  

 --Worried in West Palm

A “By accepting and displaying the paintings, the association is assuming liability  in the event they are stolen or damaged,” says attorney Michael S. Bender of the law firm of Kaye Bender Rembaum in  Pompano Beach. “It is recommended that the board consult with its insurance agent regarding  whether the current coverage in place will be sufficient or if additional  coverage is needed. The board should also enter into a written agreement with  the owner who has loaned the paintings to the association, which agreement  contains the terms of release and indemnification of the association by the  owner in case something happens to the paintings.”