Condo Media - February 2017 - 16

Asked & Answered

Emergency Response
Should Condominium Associations Provide AEDs in Their Communities?

Q
A

CONDOMEDIA

Can you explain the pros and cons for a community
association of having AEDs (Automated External
Defibrillators) available in common areas? Some
members of our board say we should absolutely
purchase the equipment and could be sued if we
don't have it; others say we could be liable if the
equipment malfunctions or a staff member uses it
on someone who dies anyway. Who's right?

Both views are correct, according to Christopher
Lanni, CMCA, AMS, founder and president of Secure
Residential Services, LLC and a corporate risk adviser
for Barkan Management Company, Inc. "There are
consequences for action and for inaction," he explains.
The debate your board is having raises both philosophical and practical questions, Lanni notes. Philosophically: Does the association have a moral obligation to do what it can to save a life? Practically: Are you
willing to accept the liability risks you incur by having
the equipment? And how do those risks compare with
the risks of not having it?
Lanni suggests that you start by consulting the association's attorney and its insurance agent. "They can
help you understand the exposures you face."
Many boards are having this discussion today, Lanni
says. Some are acquiring AEDs because they think "it's
the right thing to do," he reports. Others are deciding that
the liability risks of having the equipment trump other
concerns. Your board has to decide what is best for your
community. What you should not do, Lanni emphasizes,
is follow "a middle-of-the-road [position] and hang AEDs
on walls and forget about them." Having the equipment,
he explains, will create the expectation that it will work
and that someone will know how to use it.
He offers this advice to boards that, like yours, are
struggling with the AED question:
Your board shouldn't be having the AED debate
in a vacuum, Lanni says. It should be part of a much
broader discussion focusing on how the association
will deal with "a significant event" of any kind.
Whatever you decide about AEDs, he suggests, the
association should have in place written procedures
for dealing with emergencies. If someone needs medi-

1 Document your discussion. Note the advice
you got from your attorney and your insurance
agent, and explain why the board decided to
purchase AEDs or not to do so.
2 Install the equipment in reasonable locations,
Lanni suggests-near swimming pools, in exercise
rooms, in common areas-at or near the front
desk if you have a lobby and in hallways.
3 Put the equipment in marked cases (so their
location is obvious) wired to sound an alarm if
the AEDs are removed, to discourage theft and
to alert staff or residents that someone is using
the equipment or trying to steal it.
4 Provide training-required for staff members
and optional for residents-to make sure there are
people on site who know how to use the AEDs.
5 Have the equipment checked regularly by
a qualified vendor who can certify that it is
working properly.
6 Have a written policy, "as you would for any
equipment you own," Lanni says, detailing
your maintenance program.
cal help, what's the protocol? Do you call 911? If it's a
gated community, does someone make sure to open
the gate? Do you summon the elevator? Do you direct
first responders when they arrive? "The association
has a role to play-even if it's a minor one," Lanni says.
Determining the association's responsibilities
for AEDs and for handling emergencies of all kinds
is important, Lanni says, but the decision-making
process is also straightforward. "The board doesn't
have to reinvent the wheel" to make these decisions,
he notes. "Just do your research, have the discussion,
understand your responsibilities and your liabilities,
develop written policies, and then make sure owners
understand what the association is going to do, what it
isn't going to do, and why."

Condo Media - February 2017

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