Usage of Ponds

We have 2 retention ponds as part of the HOA. There are signs up saying no fishing or swimming, but we are having problems with residents ice fishing and skating on the pond. Other than the signs up that I believe the developer put up just for liability purposes there is really nothing in the CCR's saying that you can't fish or swim or in this cases Skate on the pond.

We had our first complaint from a community member about people ice fishing on the pond, but I don't know what action that we could even take since this isn't an item covered in the CCR's.

We also don't want something to happen and someone fall into the water from a liability purpose.

Any suggestion when someone is using HOA property is that something that we can tell them they can't do.

Thank you.

The Ponds are part of the HOA property. The HOA does have insurance. One pond is about 6 acres the other 3 with a creek about 20 feet wide connecting them. What kind of sign do you think would cover something like this?

Why worry?

A person who wanders out onto the ice assumes the risk. Ditto for swimmers.

As far as the ice fishing, does the fisherman have to have a license? If it is keeping you awake at night, call the game warden and let them wrestle the ice fishers to the ground (or ice).

And if it is truly a risk, why is there no fence around the pond to keep these people out? Your liablity potential comes not from those who deliberately go out on the ice or swim in the pond but from those who walk too close to the edge and fall in unintentionally.

I was thinking of signs like "swim at your own risk" or "XXXX HOA is not responsible for the actions that take place on said pond."

I don't see the big deal. Sounds like the community is getting use out of the community property. Take down the developer's old signs and start having fun!

Be careful of adding signs to an area you don't own or responsible for. That in itself may give the appearance that you are. So I would avoid putting your HOA's name on any signs if it's NOT your property. Besides how many times has a sign really stopped people from being stupid? Just a sign with "At your own risk area" may suffice but be aware that a lawyer sees that sign would know that someone put it up and go looking for that source if there was an accident. So you may want to check with the laws pertaining to if you put up a sign does it lay claim or claim to your HOA? I still think it's a city/county thing and they should put up a sign.

The poster stated their HOA did NOT own this pond. That is why I posted what I did. It's NOT established who owns it for sure. Don't know if it is a man made pond or one that already existed the developer built around. Either way, putting up a sign means someone cares and that could mean responsibility....In a lawyer's eyes...

Thank you for all the replies. The HOA "does" own the pond and property around the pond.

I like the idea of "use at your own risk", I wonder if a single sign is enough as it is probably 1 mile to walk around the entire two pond area.

As a community member that lives on the pond, don't want to see 20 signs cluttering the view as I am sitting on the shore with my Margarita!

Thank you