MikeR8 (Illinois)
Posts: 2
Posts: 2
Posted:
I was just wondering if anyone knows of an association that lets members ride horses or recreational vehicles on the common areas of an association? If so how is the association insured against liability
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Association Insurance
Started by MikeR8 • 7 replies • 1286 views
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TomS12 (Florida)
Posts: 19
Posts: 19
Posted:
Mike,
I'm in Florida and the current MC was allowed by the inexperienced BOD to choose the insurance company here. It is so restrictive that we weren't even "allowed" to have a one night art showing with wine & cheese because non-residents were invited to attend. Another good one...we were informed that the annual Mother's Day outing could no longer have blow up slides for the kids, which they did last year with no problem. Many members are up in arms about such "handcuffs" and we're seeking a new insurance company as ALL of them have differing policies, etc.
All of that said, I'd be very surprised if you could find an association that would allow recreational vehicles in the common areas because it's "everyone's" property and has to maintained by everyone. So you can see how complicated it could get just on that count alone...not to mention the noise associated with rec vehicles. The horses would be another matter as well as I highly doubt you'd find one that would have or allow stables, barns, corrals, etc.
I'm in Florida and the current MC was allowed by the inexperienced BOD to choose the insurance company here. It is so restrictive that we weren't even "allowed" to have a one night art showing with wine & cheese because non-residents were invited to attend. Another good one...we were informed that the annual Mother's Day outing could no longer have blow up slides for the kids, which they did last year with no problem. Many members are up in arms about such "handcuffs" and we're seeking a new insurance company as ALL of them have differing policies, etc.
All of that said, I'd be very surprised if you could find an association that would allow recreational vehicles in the common areas because it's "everyone's" property and has to maintained by everyone. So you can see how complicated it could get just on that count alone...not to mention the noise associated with rec vehicles. The horses would be another matter as well as I highly doubt you'd find one that would have or allow stables, barns, corrals, etc.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Mike,
If the common areas are grassy, I don't believe either activity would, or should, be allowed as the damage would be cost prohibitive. In fact, a designated equestrian trail just for horses would be preferable. I wouldn't even consider rec. vehicles as they are too destructive. But if a majority of the members want this, then there should be a designated area for that activity only. As for insurance, wouldn't the assn's general liability policy cover any accidents or injuries?
If the common areas are grassy, I don't believe either activity would, or should, be allowed as the damage would be cost prohibitive. In fact, a designated equestrian trail just for horses would be preferable. I wouldn't even consider rec. vehicles as they are too destructive. But if a majority of the members want this, then there should be a designated area for that activity only. As for insurance, wouldn't the assn's general liability policy cover any accidents or injuries?
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
While I have heard of HOA's built around equestrian trails and even airstrips these are specially designed with these activities in mind. You could probably do the same for ATV's but IMO not after the fact.
Speak with your insurance agent and ask if these things are covered. Some things it's better to do and ask forgiveness for later; this is not one of them as if it's a non-covered activity then the insurance has the right to refuse payment for any damages. While they might pay if someone say running from the police on an ATV damaged something in your community they probably wouldn’t if the ATV was being driven across the common areas with the HOA's blessing.
Speak with your insurance agent and ask if these things are covered. Some things it's better to do and ask forgiveness for later; this is not one of them as if it's a non-covered activity then the insurance has the right to refuse payment for any damages. While they might pay if someone say running from the police on an ATV damaged something in your community they probably wouldn’t if the ATV was being driven across the common areas with the HOA's blessing.
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
I think Glen's point of the "after the fact" is important. Go back to your Articles and look at the purpose of the HOA. If establishing a rec. vehicle track is not one of your core purposes (like the horse trails are around here for some subdivisions) then it really becomes a new "program" and needs to be fully insured with liability, etc.
I, myself, think that a HOA has no business running a rec. vehicle course, but that's up to your membership, if they want to do that. HOA are allowed to conduct side businesses, but that one is huge for liability, costs, maintenance and equipment, not to mention management and enforcement.
I, myself, think that a HOA has no business running a rec. vehicle course, but that's up to your membership, if they want to do that. HOA are allowed to conduct side businesses, but that one is huge for liability, costs, maintenance and equipment, not to mention management and enforcement.
MikeR8 (Illinois)
Posts: 2
Posts: 2
Posted:
The association isn't looking to make a rec. vehicle track or horse trail. Its's a small subdivision under 50 homes. Some familys have little quads and some have a horse. The amount of time in the common areas is really limited to a couple hours a year between all parties. There is no damge to the propery or any maintanance issues from such activities.
My question comes up as to the insurance. I know there are some equistrian subdivisions. In these subdivisions you can ride a horse on common horse trails. In this example is the association insured for this activity. If so is it possible for my association to purchase insurance for the little activity we use our land for?
My question comes up as to the insurance. I know there are some equistrian subdivisions. In these subdivisions you can ride a horse on common horse trails. In this example is the association insured for this activity. If so is it possible for my association to purchase insurance for the little activity we use our land for?
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Mike - let me explain . . .
If your HOA "officially" tells its members that the common areas are now open for rec. vehicles and/or horse riding, then the association is responsible for the land, maintenance and monitoring the land while these activities take place.
What if there is an accident? Who will monitor whether a horse or a 4-wheel can be on the property during what hours?
The liability is huge . . !!!
You are going to need approval from the members to enter into this venture.
Have a discussion with your insurance agent. Maybe he/she will explain it better.
If your HOA "officially" tells its members that the common areas are now open for rec. vehicles and/or horse riding, then the association is responsible for the land, maintenance and monitoring the land while these activities take place.
What if there is an accident? Who will monitor whether a horse or a 4-wheel can be on the property during what hours?
The liability is huge . . !!!
You are going to need approval from the members to enter into this venture.
Have a discussion with your insurance agent. Maybe he/she will explain it better.
CharlieP2 (Utah)
Posts: 15
Posts: 15
Posted:
Mike,
I have an association that lets members ride in common areas of the association. (It's a 31 mile private road rural association)
The HOA insurance handles the liability. It's not cheap, but it's available.
- Charlie
I have an association that lets members ride in common areas of the association. (It's a 31 mile private road rural association)
The HOA insurance handles the liability. It's not cheap, but it's available.
- Charlie
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