Disclosure Statement: Golf balls hitting unit

My first question on this site and would like opinion after our recent meeting. In Michigan we are required to have a Disclosure Statement which is filed w/ Master Deed/Bylaws. Our condos our on a golf course, exterior of building is general commons area and are the associations responsibitly, except windows (if break). In the disclosure statement a section reads as follows:

" All persons acquiring an interest in one or more units in the Condominium acknowledge and agree that neithe the Develper no the Association shall have any for liability personal injury or damage to property caused by or resulting from the proximity of the Condominium to the Golf Course, including injury or property damage caused by errant golf balls dropping within or near the condominium."

Is the Association responsible if a golf ball damages the exterior of building? Ex: the wood, brick, garage door?

We have one on the board stating this statement in the disclosure statement is referring to personal property (ex: your car, lawn,furniture, ect. Other Board member is saying this disclosure statement is referring to the any property including exterior of the building even if it is a general commons area and covered by association under most other circumstances. I say most because you could have damage caused by homeowner which makes the homeowner responsible in our by laws.

I realize you can hold golfer responsible if you can find them or prove it.

Thanks.

The Association does have a responsibility to repair and maintain the Common Areas. So, if the exterior is a Common Area, the Association must repair it.

I suspect that the clause is unenforceable and useless, anyway. If a visitor gets hit by a golf ball, he wasn't part of the agreement and, even if he was, negligence or creating an unsafe environment can't be waived. Both the golf course and the Association deserve to be sued if they knew that there was a danger but did nothing about it.

The first Board Member is closer to correct, I think: the Association might not pay for personal property. But, like I said, if somebody objected and sued, I suspect that they'd win, anyway.

The Association might be able to distance itself if the unit was located right on the edge of the complex and the golf course was NOT owned by the Association.

What I was trying to say was that unless the Association owes the golf course, responsibility of damage lays with the golf course and the golfer themselves.

consult a professional:

ATTORNEY AT LAW

Since you seem to be a condo, I'd say that the Association pays, despite the statement/disclosure.

Most likely, since it is a condo, the Association owns the exterior of the units, not the unit owners. If you don't own something, you don't have to pay to repair it. If the exterior isn't somebody's personal property, the statement/disclosure doesn't apply. Since the unit owner doesn't own the exterior, including windows, the unit owner doesn't have to pay for it.

So, if the golf ball breaks a window, the Association pays. If the golf ball subsequently hits the Ming vase sitting on the dining room table, the unit owner pays. (Unless the unit owner sues and claims that the Association knew the risk and ignored it, at which point the judge ignores all the evidence and disclosures and feels sorry for the unit owner and, thus, rules in his favor, despite all the evidence to the contrary.)