Gross/Willful/Wanton Negligence

Our bylaws say that the HOA must obtain "...public liability insurance ir personal injury and death from accident occurring within the community..."

We have had enough claims against our policy that we have had to seek insurance from expensive carriers.

Our board now wants to change the bylaws so that only accidents caused by "willful, wanton or gross negligence" will be permitted.

They claim that such "tort immunity" clauses are now part of all new governing documents in age-restricted communities.

Is this true? Do you have such a clause? (We are in NJ.)

What do you think of this idea as a way of cutting down on the number of possible claims/lawsuits?

Thanks.

If, by "Declarations", you mean the "Declaration of Covenants, Easements and Restrictions", there is no mention of liability insurance at all. The Bylaws has what I wrote in my first post.

The insurance agent wants us to pass a tort immunity amendment, surely because the cost to thye insurance compnay will go down without their having to lower the premium.

What other information do you suggest he might provide?

Do you have any answers to my presious questions for me?

Thanks.