Question from a new board member

Greetings from Arizona.

Recently I was elected to the board of our new community which we just received from the builder.

I have a question on Golf courses.

One of our board members works as a course Marshall volunteer at the course that runs through the community. He has begun a campaign to seal off all all access points(Which are actually storm runoff areas) claiming legal concerns. We cannot afford this since it would be an extensive program and would really be stupid since the roads and cart paths are accessible in a dozen or more places other then the runoff areas. He states the course is getting tired of people on the golf course. He also states vandalism inside these corridors. I checked with the owner and developer who, by the way, owns four other golf courses in the area in larger communities. He stated their only concern was night access but they have no way of knowing just how many people at night access the course since they have no one there after dark.

They do get some on during the day now and then, but really not anymore then any other Golf course does they own and it has not been a real concern or issue.

He(Board member) then stated that the irrigation water lake located on the course would be our liability if someone drowns. Here again I checked and there has been no one around these ponds. I also checked other golf courses and they stated the same thing and that it has never been an issue.

I guess my question is do we as a HOA have the responsibility now to make the Golf course "Safe" from our members? Myself I bought the house because of how open things were. Placing Block walls everywhere will make it look like a prison. It seems to me that the developer should be on the hook for any of these modifications not us if they are in fact now a liability for us. If anyone has dealt with this before I would sure like to know. We would be the only Golf course in the area and maybe anywhere that has taken these types of measures. I have attached the pond in question from one of our greenways. Each home facing the golf Course has a combo Block and Iron Fence.

This one person's "campaign" has no real power and the board should caution him from speaking or acting as an agent of the HOA. ALL decisions will be decided by the entire board - perhaps even by the Membership - so he should be reminded that all his efforts are in the "speculation" phase. He can gather his facts and make a presentaion to the powers that be . . .

And to your point, Mary, and the OP's regarding drowning or injury at the ponds, it's not so much that nothing horrible has happened in 20 years (or 2 years) but that on the apparently off chance that something would happen, the HOA would not be liable.

At least that's what I'm understanding you two as saying, correct?

I know we have never had an incident of personal injury at our pond/lake, but I still would not risk not having insurance on it.

As long as the proper insurance is in place, by the owners of the property, then the HOA should have nothing to worry about should something awful happen.

Thanks to all of you for your reply's.

Every comment made by you folks verified
what I have been getting from others.

The Pond is not on HOA property and is not owned by us at all. The storm Drains in question according to the developer of record, could not be altered in anyway shape or form without being engineered and approved by them.

Thanks for the info on the liability issue as the Owner of the course has others near and around the valley and I am sure, given the size of the Corporation that they have sufficient liability.

Thanks again to all.