Board Responsibility and Risk Mitigation

Our HOA is in a busy area. We have a lake and a number of amenitie that are used on a regular basis, by the general public. As a result, we have a great deal of risk of liablity associated with our amenities. Does the Board have a resposibility to mitigate the risk as much as possible by hiring security guards or putting up a fence to reduce the number of trespassers on the common areas? In addition, does the Board need to get approval of the residents to do mitigate the risks?

Yes, I think the board has a duty to mitigate the risk as much as possible. Look in your governing documents, especially bylaws, to see if they address this in the sections that talk about duties of the board.

Strangers on the property risk getting injured, and they also put homeowners and their property at risk. I'm surprised your homeowners aren't already yelling about this because aside from the liability issues, the added wear and tear on your amenities will shorten their useful life and increase expenses overall (both operating expenses for routine repairs and reserve requirements for replacements).

Another thing: insurance premiums are rising across the country, and in some cases doubling year over year. You don't want to do anything to increase your premiums unless it's unavoidable.

As for getting homeowner approval, it depends what you're planning to do. Put up fencing: probably need approval. Hire security patrols: probably don't need approval. My personal opinion based on the little you've written: the board has been negligent up until now and is also at risk for getting themselves sued by the membership as a result. They need to get on with it since you've been stupid lucky up until now, and in this business luck will only get you so far.

Are these people technically trespassing?

Yes.

Lori,
I think your comment below makes the most sense to me. Who knows if it would hold up in court but spending lots of dollars on security or fences would be a burden on your HOA and may not help anyway.

If nothing else, you should post "residents only" and "no trespassing" signs. If someone gets injured, they are going to sue no matter what, but at least you could say that they were trespassing and assumed the risk.

MichaelS makes sense.

Renters are entitled to use the landlord's amenities.

No they are not. If the owner is behind in dues we do not let renters use the HOA items the dues pay for.

Thank you. we do have all those signs but no one pays attention to them.