Common Area Pool - Release of Liability

Started by FabianV • 4 replies • 2359 views

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FabianV (California)
Posts: 4

Posted:

Does anyone currently have a policy regarding non-exclusive pool/clubhouse reservation usage whereby the reservation form includes a release of liability clause and a statement to the effect that guests of any resident are asked to sign a form releasing the association, it's agents directors, officers, etc. for any liability or causes thereof associated with the use of the common area pool and clubhouse?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You may need to talk to your insurance company about this. They may have a form you can use or the HOA is already covered in this area as part of the policy. The HOA should be covering liability insurance already which works much like "homeowner's insurance" for the HOA's common area and amenities.

Insurance is a crazy thing. It's best to discuss the policy with a professional. There are so many little loopholes that it's hard to tell exactly what your HOA is getting. You will be surprised at the coverage that is available or is lacking once you dive into it.

The HOA may want to communicate the pool is: Swim at your own risk or No lifeguard is on duty. That way anyone can be informed what to expect liability wise when using the pool area. That may help besides signing tons of forms that will just get filed uselessly until heaven forbid, something happens.

Former HOA President

FabianV (California)
Posts: 4

Posted:

Thanks for the post and reply. Our insurance policies will cover in the event something occurs at the pool/clubhouse. There is a form on the Davis Sterling website specifically for guests of residents (release of liability) and also adding certain language in the reservation form signed by the host homeowner. I understand that these forms will just accumulate and it's hard to obtain guests to sign. But at least doing some due diligence in making an attempt may/may not mitigate any damages in the event of an accident and suit? I was hoping there might be someone else who has some experience with release of liability form/statement and that they currently have in place. Thanks again.

MikeS1
Posts: 668

Posted:

Talk to your attorney. I think that they will tell you that Attorneys will tell you that they are not worth the paper that they are print on. You're right about folks not wanting to waive their rights by signing a release. Who would sign this? There are tons of these sample releases on the web.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By MikeS1 on 08/09/2007 9:27 AM
Talk to your attorney. I think that they will tell you that Attorneys will tell you that they are not worth the paper that they are print on. You're right about folks not wanting to waive their rights by signing a release. Who would sign this? There are tons of these sample releases on the web.

I would echo those thoughts, waivers sound good in theory, but it does not release you from negligence.

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