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CarrieB9 (Louisiana)
Posts: 2
Posted:
We have a roughly 13 acre lake. Normally it is used for kayaking, boating with battery operated trolling motor and canoeing. We have NO SWIMMING signs and to use lake at own risk signs posted. Paddle Boards have come on the scene. Just recently we had underage teens without adult supervision and without life vests. They kept falling off which required them to SWIM to boards. Boards had no safety line attached to riders. This caused the BOD to access the use of Paddle Boards. We have never had a boat, canoe or kayak turn over except once while a canoe was being operated by under the influence teens. Since banning the Boards we have had some negative feed back from Paddlers. Our HOA insurance states NO SWIMMING in our policy. I would like to see what everyone thinks on this issue.
TimB4 (Tennessee)
Posts: 21,059
Posted:
There is intentional swimming and swimming because you are no longer in the boat (for whatever reason).

Your posting doesn't indicate that the swimming was intentional.

You may want to see what rules other lakes in your area have and how they are enforced.

Personally, based on your posting, I don't see why the paddle boats were banned. That simply happened to be the boat of choice for the individuals. Would you have banned kayaks or other boats if that was what the individuals used?

The actual issue is with the parents and the teens not those who use the boat of their choice safely.

You didn't mention an age requirement for use of the boats. If you don't have one, saying they are underage to use the craft on a private lake is speculation. Adopt one if need be.

You didn't mention any requirement to use flotation devices while on the lake. If you don't have one, then it's not relevant that the teens didn't use one. Therefore, adopt such a requirement if none exists.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Typically no swimming policy by insurance would also mean no boats, no water access by people, etc. Does your insurance specifically allow boats?
CarrieB9 (Louisiana)
Posts: 2
Posted:
I will have to clarify that with the insurance co. We have allowed boating at your own risk and the insurance is aware of this. Since our BOD has only three members who are volunteers and hold down full time jobs we cannot "police" the lake. I appreciate all the comments. They have given us something else to think about.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
We have allowed boating at your own risk and the insurance is aware of this.


Your insurance company being aware of boating is totally different than what your policy actually states. The devil is in the details.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This may sound heartless but it is also reality. Look at your worse case scenario here. What would happen if someone did drown? What are you protecting yourself against? Liability? Ask your insurance the "What if" questions or a lawyer.

Honestly, find out what posting "No swimming" really means. Did you know posting "Private property" or "No Trespassing" signs may not add any type of protection? They are just signs in some states. It just makes people posting them feel better. Otherwise posting certain restrictions doesn't mean they are applicable.

Someone drowning does not always equal the HOA responsibility. Is this body of water natural or man made? You may want to post that life jackets are required. I would check with the marine police on the safety law requirements. That way you can post them and then call the police to enforce them if they are legal to enforce. Even though not part of a large body of water, marine police may be able to offer some assistance.

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