No jumping of horses in an Equestrian Community ?

Started by LindaC3 • 8 replies • 1702 views

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LindaC3 (Florida)
Posts: 526

Posted:

Good eve all....been a busy weekend here at our HOA and we just recieved our monthly newsletter informing us that we will no longer be allowed to set up jumps at our arena for our horses....Our insurance company has informed us that it is a liablity and the underwriters will not insure us..... We are an Equestrian community with common area horse stables, a riding arena and miles of riding trails.. We have people from the outside who participate in SEDRA sanctioned rides etc..... A homeowner here who has been jumping and training her children and horses at the arena for the past year feels she was sold a bill of goods and is considering suing the HOA for misrepresentation .....A few folks here are shocked that out of the clear blue sky no more jumping but complete strangers can come in and ride the trails ? what about that liability ?? We have underage children riding around in golf carts and what about that liablity ? If there are any horse people HOA'S out there who are in Florida maybe you could shed some insight into this for me ? Any help will be appreciated as always....
LindaC

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Linda, since you state "....Our insurance company has informed us that it is a liablity and the underwriters will not insure us.....; have you learned what exactly has transpired with the insurance company that just recently your community can not set up jumps at the arena.

Perhaps the insurance company has had to process claims from those being hurt while jumping and they don't want to cover this any longer. You really can't act on this until you know what problem the 'jumping' has caused, and if it's a Board decision or an insurance pitfall.

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, suggest the Board look for an insurance company which will provide coverage. If none, discuss with an attorney whether an effective waiver is possible. If this is feasible have it drafted and signed by all members before they may use those facilities.

LindaC3 (Florida)
Posts: 526

Posted:

Roger and Paul...........No injuries have been reported at the jumping arena...... We have been an HOA equestrian for 30 plus years...Now all of a sudden it's a problem ?? The majority of homeowners feel if we cant jump at arena because of the liablity then no more outsiders coming in to use the trail because of the potential for liability......I agree....... It is my understanding that in Florida all equestrain activites come with a hold harmless ???? Seems a shame to have a horse community and you cant enjoy what you're suppose to do with horses ???? Are we all so lawsuit scared now a days to even enjoy just living ????? We now have a unhappy homeowner.....2 kids who are just in tears over this...... and a neighborhood up in arms....... And to boot we are a hunting facility also......What happens if a stray bullet kills someone.... do we shut down the hunt area ???? What if a plane crashes....do we shut down the airstrip ????? Linda C

NancyD1 (Florida)
Posts: 447

Posted:

Linda,

The individual homeowners/jumpers should have their own Private Horse Owner Liability insurance before they use any jumping facilities. The HOA needs a back up Commercial Equine Liability Policy. If the company you have will not cover your facilities there are plenty more equine insurance companys out there.

Call the Palm Beach Equestrian & Polo Club in Wellington. The Cypress Island development is a HOA and a riding club. The office manager will be very helpful.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Linda3C,

You have to have the homeowner who wants to sue the H.O.A. for misreprepresentation get focused in another direction. The Board is relaying to you something that they got blindsided with.. Every time that I hear those words, I cringe. She IS the H.O.A. and so are all of the rest of you. Get down to business and work together. Find other options, Nancy has given you some avenues to research so get rid of the "Sue the HOA" mentality. It's counterproductive.

BradP (Kansas)
Posts: 2,640

Posted:

Linda:

Not a horse expert and not a Florida resident, but from my thoughts and what I have seen posted I see two options.

1) Have your HOA find an insurance company that will cover it. We had a company that would not insure us because we have a retention pond in our neighborhood, we found someone else.

2) Make each rider provide proof of insurance and sign a waiver. Involve your attorney in this, but the association would still need insurance as well.

HaroldS (Arizona)
Posts: 906

Posted:

Interesting situation Linda. We have a horse property HOA here in Arizona that requires that the horse trailers be "hidden" from view, even going to the point of suggesting they dig a hole to store it in. Makes you wonder. Harold

JanM (Texas)
Posts: 142

Posted:

Boy how times have changed. I used to ride in rodeos, playdays, and stock shows. Never had to show any type of insurance or sign a waiver and have fallen off many a horses.

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