|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
JustineP
(Arizona)
Posts:5
 |
| 07/06/2006 9:48 AM |
|
| Our 55+ property is still under the declarants control, but nobody is quite sure how the HOA should handle the liability issue of golf carts and scooters being driven on our property. All the roads are private. We have one elderly gentleman that lives here and his caretaker has children under age 16 that drive him around on our roads with his golf cart. Our concern is that if somebody else were to hit them on our private roads, could the HOA be held liable? We're trying to come up with a policy to handle this...any suggestions. Thank you, Justine |
|
|
|
|
RogerB
(Colorado)
Posts:3694
|
| 07/06/2006 11:25 AM |
|
| Justine, you could establish rules and regulations to restrict carts and scooters from being driven on the Property and/or require all drivers to have a driver's license. Also, make sure you have good insurance coverage. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
BrianB
(California)
Posts:1732
|
| 07/06/2006 4:23 PM |
|
it is possible the HOA could be liable, but not likely in a simple case of a car hitting someone on your road: the car at fault is liable. Everyone will try to shift blame, of course, but in general, the HOA owns no more liability than WalMart does if someone T-bones you in their parking lot.
Where you will be most liable is when you have rules, and fail to enforce them. then, you will have recognized an issue, legislated it, then failed to enforce it... a bad situation. So, when you do make rules, enforce them.
Oh, and one place that my liability arguement does NOT work: weather conditions; if you allow ice to stay on the roads, oil slicks, road damage from freezing, water floods, etc., the HOA will own liability if that can be determined a contributing factor.
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|