Green Space

We have 23 acres of acres of green space in our neighborhood. It has a retaining pond in the middle of it and it is classified as wetlands, there can be no development on it, i.e. pool, playground. It has natural paths going into it and thoughout it. The question has come up as to whether we need to insure it or not. The suggestion was made it get everyone to sign a waiver stating that it was use at your own risk and post signs at the two easements to the property stating such. There are 53 house in the neighborhood and very few residents have ever walked back there. I would appreciate any suggestions anyone might have. I am on the board and I am opposing the insurance due to the expense.Thanks

Kathy,

I would expect your gov. docs. state the assn must have liability insurance. This insurance would cover all the common areas of the assn, the retaining pond included. Why would you not want to insure this area? IMO, this would be a big liability especially being a pond. Hello, ever hear of a kid drowning???? Even posting signs as you suggest, IMO, does not remove the board from libiability if a drowning occurs. Also, any homeowner in his right mind wouldn't sign such a waiver -- I know I wouldn't!

To me, the exposure to each homeowner, who shares in the "deed" of the common area, to a lawsuit is too high.

If a child were seriously hurt, or worse, died, accident or not, posted signs or not, each homeowner individually could conceivably be named in a lawsuit.

It would seem to me that insurance to reduce that likelihood would be prudent.

I would research the term "Wetlands, if governed by the state and as wet lands has to be left alone to go to seed etc.... and I would suggest the Community deeding it to the state as a park in perpetuity.
Problem resolved!

If your Association is required by law to maintain the area as wetlands that again find out the definition and review it, there may be a few issues you have not addressed.