Reference no: EM133812597

Question

A landscaper recently moved to a prestigious housing development that was managed through its homeowners association. The chairman of the homeowners association's maintenance committee approached the landscaper, who owned a home in the development, in August to ask whether he would participate in the Winter Sidewalk Snow Removal program. The chairman explained that each winter, homeowners volunteer to work together to clear the snow from the sidewalks in the housing development. Because of the high level of resident participation, each participating homeowner was only responsible for clearing the snow for one week each winter. The landscaper recognized the business value and cost savings that would result from the homeowners' completing their own snow removal effort instead of paying a professional snow removal service.

After three weeks of discussions and negotiations, the landscaper agreed and signed a two-page document titled "Winter Sidewalk Snow Removal Formal Agreement." As per the agreement, the landscaper agreed to help with the snow removal on the sidewalks during the owner's assigned week that winter.

During his assigned week, the landscaper did assist with snow removal, but unlike the other participants who cleared the snow from both the sidewalks and the development's driveways, the landscaper only cleared the snow from the sidewalks. The landscaper was sued by the housing development's maintenance committee for the cost of hiring a snow removal service during that week to tend to the driveways. The committee wished to have its chairman testify that he had fully explained to the owner that the snow removal program included both the sidewalks and the driveways, while it concedes that the written agreement does not explicitly address the driveway snow removal.

Will the testimony of the chairman of the homeowners association's maintenance committee be admissible?