Boating on association lake

Started by DonaldD2 • 10 replies • 2789 views

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DonaldD2 (New York)
Posts: 2

Posted:

I am the president of an HOA comprised of 36 patio homes in New York state. The HOA is about 5 years old. Several of the homes border a 9 arce lake of which the association owns half. The other half is bordered by individually owned homes. Recently the previous president took it upon himself to ban boating which has upset several of the residents who had used the lake. While we would like to reinstate boating the issue of liability has now caused real concern.

Our attorney has suggested several things to reduce the liability but also recommended increasing our insurance which poses a substantial financial burdern on such a small association particularly when only a few of the members would actually boat.

Has anyone faced a similar problem and have you created rules about using a lake that you would be willing to share. Any thoughts you might have would be welcome. Thank you.

LisaS (Illinois)
Posts: 341

Posted:

We have 300 homes in our subdivision, of which about 30 border our pond and surrounding common area. It is acessible to all of our members.

The pond is deep enough for boating, but we decided to ban 'motorized vehicles' on the common area. (Mostly, it was due to snowmobile damage being caused by one person)Boats are OK with no motors. This was for noise as well as safety.

We require that all boats be removed from the common area/pond after use. This lessens our liability due to children jumping in one for an unattended ride, theft, damage, etc.

We allow fishing. We 'prohibit' skating. We were told by our insurance company as well as our attorney that we should not post any signs regarding what is allowed/not allowed because it would increase our liability. We should simply send notice to the residents.

Don't know if it helps...
Lisa

SamuelB (North Carolina)
Posts: 83

Posted:

I like Lisa's approach. Our pond is only a couple acres or so and all residents have access to it, but no boating of any kind, with one exception..... maintenance of the 2 fountains strategically placed for aesthetics and aeration on the pond. We have a company that maintains the pond and they are permitted to use a "John Boat", Non-motorized.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry

LarryM3 (California)
Posts: 37

Posted:

We have a 27 acre lake with 35 properties. We limit access to four motorized boat's on the lake at a time. Two skier's max allowed. Every boat must have $300,000 insurance BEFORE the boat is allowed on the water. The HOA has to be additionally insured.

MelindaJ (Minnesota)
Posts: 1

Posted:

In terms of Ice Skating - do you have homes that are adjacent to the pond? I am running into a problem with homeowners choosing without regard to the rules of no ice skating, and clearing the ice. They have asked about a waiver to sign - holding the association harmless for any incident.

So posting the sign will increase liability - is it because the fact that then the association would have to enforce, and if they did not enforce and someone was hurt - they would be held even more liable...

ClaudeV (Florida)
Posts: 86

Posted:

Our small lake, (retention pond), was 20 ft deep when it was dug about 10 years ago. I'm certain it has filled some with runoff by now. One of the first rules in the HOA was "NO SWIMMING and NO BOATING". The insurance is in place but the liability could exceed the insurance if someone drowned in the pond. I support the restrictions for the liability reasons if nothing else.
We are not a gated community and unauthorized persons could have access to the pond and a death would devastate the HOA and the owners in our small community.

We allow fishing from the banks. RC boats can be run on the pond. We just consider it too much of a risk. The pond is full of snapping turtles, water moccasins and other wildlife. Drowning is NOT the only "risk". We are in a rual area.

There are 10 homesites on 2 sides of our 3 sided pond. 4 of the 10 want to allow boating AND swimming...(our resident "rebel" is the swimmer). So far they do not have enough support to override the BOD and change the rules.
I hope they never do.

In this world of endless litigation, I would think twice before lifting any bans on use of community water such as a small pond or lake. Now, the 27 acre lake mentioned above is a MUCH different situation. I can only give you our reasoning and MHO on this issue.

BradP (Kansas)
Posts: 2,640

Posted:

I agree with Claude as we only have a small pond and do not allow boating or swimming. We have signs posted to that end to. I have cringed several times when I have seen kids out there in the middle of it in a paddle boat and one time they were walking on the ice on the pond, ice doesn't get thick enough in Kansas to walk on.

Back to the original point above about boating on a larger lake. Maybe go through a process of certifying boaters? They would be required to show you proof of liability insurance and name the association as additional insured. Maybe you also give them a list of rules to include no horseplay, no drinking, etc., and they sign off on it. Make them do that every year? I think getting your insurance company involved and a lawyer involved is a good idea. Sometimes by trying to be proactive we create more issues for ourselves.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By DonaldD2 on 02/26/2006 9:24 AM

I am the president of an HOA comprised of 36 patio homes in New York state. The HOA is about 5 years old. Several of the homes border a 9 arce lake of which the association owns half. The other half is bordered by individually owned homes. Recently the previous president took it upon himself to ban boating which has upset several of the residents who had used the lake. While we would like to reinstate boating the issue of liability has now caused real concern.

If the association owns half of the lake, how can it possibly prohibit boating on the lake? And even if the association were to mark its half of the lake with bouys and post "no boating" signs, how would it enforce the ban?

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

Not sure of the legal method of enforcing a no boating ban, but the coast guard finds that a .50 cal M2 works wonders for them. One burst, and most boats suddenly aren't as viable as they once were.

RonaldW (South Carolina)
Posts: 901

Posted:

I'm still not sure how you can ban boating on a lake that you do not own. Also, are we talking paddle boats, row boats, or motorboats here? How are the boats launched? A boat ramp or from property owner's lots?

If you want to permit boating and have some way to control what boats are on the lake, consider requiring each boat to be registered with the HOA and charge an annual registration fee to cover part or all of the additional insurance cost. While you are at it, consider restrictions on size and type of boat if appropriate and "guest passes" (with a fee) for guests of members who may want to bring a boat when they visit or members who may borrow a boat to use on the lake from time to time.

Ron
SC

ClaudeV (Florida)
Posts: 86

Posted:

Posted By DonaldD2 on 02/26/2006 9:24 AM

............. While we would like to reinstate boating the issue of liability has now caused real concern.

Our attorney has suggested several things to reduce the liability but also recommended increasing our insurance which poses a substantial financial burdern on such a small association particularly when only a few of the members would actually boat. ...........

Donald: First order of business; Determine who OWNS the lake or WHO is LIABLE for the lake.

IF the HOA is not the "owner", then the HOA has no pervue to place restrictions upon it's use. The homes across the lake are apparently NOT part of your HOA and therefore are not accountable for any of your HOA's restrictions UNLESS the HOA is "sole owner" of the lake...which I seriously doubt.

The "liability" the HOA should be concerned with should be the one of a possible law suit by the non-HOA owners on the lake for the HOA trying to impose restrictions upon THEIR "water front property".

Lake ownership is the determining factor in this situation. After you find out that fact, THEN you can decide on a future course of action.

Good Luck!
Claude :-)

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