Church Legal Risks to Avoid in 2024

Dear Clients and Friends,

In this month’s blog, I will highlight a couple legal risks church leaders need to avoid.

CHURCH BEING SUED FOR PERSONAL INJURIES RESULTING FROM A SLIP AND FALL ACCIDENT.

Slip and fall accidents are very common. It has been reported in Florida that last year there were over 75,000 hospitalizations resulting from unintended falls. Some can be very serious especially with our elderly members and visitors. Churches face this risk for failure to maintain the premises properly. Proper risk management to prevent these falls includes the following: cleaning up spills. maintain mats by the entry doors during rain showers, fill in pot holes in the parking areas and maintain proper lighting in walk ways with handrails. Prevention is so very important with this legal risk.

LEASING UNUSED CHURCH SPACE TO A RELIGIOUS FOR PROFIT CORPORATION.

It is common for a church to lease out unused space for additional income. The legal problem arises when the church leases space to a Christian or religious for profit entity. Twice this past year I had church clients prepared to lease space to a for profit entity while being told by them they were “nonprofit”. The risk is the possible loss of some or all the property tax exemption. Florida Statute 196.196 provides to churches property tax exemption for ” Only those portions of property used predominantly for charitable, religious, scientific or literary purses.” A lease with a “for profit” religious entity may result in property taxes owed since the county make consider such purpose as “profitmaking”. 196.196 (4). Although there are exceptions for certain educational institutions and “incidental use” the church leader needs to be careful and perform proper due diligence on the Lessee and their purpose using the church property.