RichardC33
Posts: 1
Posts: 1
Posted:
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
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POND NO FISHING RESTRICTION BEING BROKEN
Started by RichardC33 • 10 replies • 159 views
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CathyA3
Posts: 6,286
Posts: 6,286
Posted:
Anyone can sue anyone else for anything they like. It doesn't mean that the person will win. (He will spend money, though.)
What the board should do:
* Consult the association attorney to make sure they're doing everything possible to protect the association.
* Make sure the association is properly insured.
* Consider putting up barriers and signage around the pond (no fishing, no boating, no swimming, no ice skating). Signage does make a difference as far as liability goes.
* Enforce the restriction. Get photos and video documenting the violation. Then follow the community's normal violation process.
What the board should do:
* Consult the association attorney to make sure they're doing everything possible to protect the association.
* Make sure the association is properly insured.
* Consider putting up barriers and signage around the pond (no fishing, no boating, no swimming, no ice skating). Signage does make a difference as far as liability goes.
* Enforce the restriction. Get photos and video documenting the violation. Then follow the community's normal violation process.
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
Cathy's advice looks good, RichardC.
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
Cathy's advice looks good, RichardC.
ElleN
Posts: 1,392
Posts: 1,392
Posted:
Quote:
Posted By RichardC33 on 06/08/2025 11:28 AM
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
In short, the HOA should try to enforce the rules against fishing and all other rules and covenants.
MichaelS56
Posts: 875
Posts: 875
Posted:
Also check with your association insurance agent for their advice.
DeanJ
Posts: 1,789
Posts: 1,789
Posted:
Quote:
Posted By RichardC33 on 06/08/2025 11:28 AM
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
Hopefully this is why the HOA has directors and officers insurance in addition to the association liability policy.
If you HOA has a regulation in place, not just a sign near the pond, send a violation notice and a fine if required.
MarshallT
Posts: 407
Posts: 407
Posted:
They can sue but the case doesn't sound very strong. It's not likely they would win.
Ensure the association has enforced this rule, and keep evidence of enforcement measure and any other correspondence between the board or PM and the resident.
Ensure the association has enforced this rule, and keep evidence of enforcement measure and any other correspondence between the board or PM and the resident.
DeanJ
Posts: 1,789
Posts: 1,789
Posted:
Quote:
Posted By MarshallT on 06/09/2025 8:38 AM
They can sue but the case doesn't sound very strong. It's not likely they would win.
Ensure the association has enforced this rule, and keep evidence of enforcement measure and any other correspondence between the board or PM and the resident.
They can sue but the case doesn't sound very strong. It's not likely they would win.
Ensure the association has enforced this rule, and keep evidence of enforcement measure and any other correspondence between the board or PM and the resident.
If the person drown in the pond, the insurance would likely settle vs risking a judgement.
LetA
Posts: 2,670
Posts: 2,670
Posted:
What Cathy said is sage advice, putting up barriers may be cost prohibitive, definitely installing signage will
be you best bet. I would get legal advice and advice from your insurance carrier.
I would also call your state DOW Department of Wildlife, they would likely have jurisdiction over any fishing violations
including citing for trespassing and illegal fishing.
be you best bet. I would get legal advice and advice from your insurance carrier.
I would also call your state DOW Department of Wildlife, they would likely have jurisdiction over any fishing violations
including citing for trespassing and illegal fishing.
TerriS6
Posts: 3,265
Posts: 3,265
Posted:
Quote:
Posted By RichardC33 on 06/08/2025 11:28 AM
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
If a resident does not follow the fishing rules and fishes anyway, and then an accident happens, can he sue the board members?
Be sure you follow regular procedure for the fishing violation so it's on the record.
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