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RickB4 (Kentucky)
Posts: 23
Posted:
We have a lot trails in our community and many have historically been in poor condition due to storm induced damage and poor trail design from the original developer.

The community now has repaired the trails to an acceptable state, but they are still high maintenance and subject to wash out if we get a big enough storm during certain months of the year.

The HOA has put up signs indicating the the trails are damaged and use at your own risk. I find these signs to be negative publicity and potentially lowering our property values, esp. with new homebuyers ... who see at every trailhead a sign indicating damaged trails, whether they are actually in disrepair currently or not. Many of the signs are old and mounted on crooked poles ... which further makes them unattractive in my eyes.

It is viewed by some on the board as a necessary CYA evil, but I view it as sending the wrong message to potential homebuyers, as it appears we have selected signs instead of maintenance ... but in fact the trails are in the best shape in years ... but we know they will require yearly maintenance and coming up with those funds is still a challenge.

Can others here give any insights to whether we should be doing this, or if there is a better way? We have a newsletter and a website and other ways to let homeowners know the status of our trails.

Thanks,
Rick
SusanW1 (Michigan)
Posts: 5,202
Posted:
I, too, would not like the "damaged trails" signs. I would prefer a "travel at your own risk" sign. Although that really won't do much good if someone sues.

Why do you have a trail system, anyway? Either the HOA should take care of it or close them.
RickB4 (Kentucky)
Posts: 23
Posted:
Like I said, the trails were not built to industry standards and as such, if we get a really big storm, the trails can be washed out (deep ruts) in places, even from just one storm. They may not get repaired right away due to time, money and other reason. I just think the signs send a message that we don't take care of the trails, when we do.
MaryA1 (Arizona)
Posts: 388
Posted:
Rick,

Instead of putting up signs that say the trails are damaged, why not put up signs saying "under construction -- use caution". This way anyone seeing the signs will know the HOA is working on improving the trails. By adding "use caution" you'll be covering yourself in case someone gets hurt. Of course all the signs in the world will not prevent a lawsuit, but I guess it would help somewhat.
DJ1 (Ontario)
Posts: 798
Posted:
If they are 'under construction', and you allow access then the liability might be even greater. Generally areas under construction are required to be blocked/fenced or access otherwise restricted.... just for the very reason you are trying to avoid...injury >>> leading to lawsuit.
MaryA1 (Arizona)
Posts: 388
Posted:
Rich,

DJ makes a very valid point that I did not consider when suggesting "under construction" signs to replace the ones you now have up. Perhaps the only thing to do is to close the trails until all the improvements can be made. Then you can put up a sign or signs saying "under contstruction -- trails closed -- do not enter".

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