Neighborhoods and community developments seek to offer pleasant living spaces for homeowners throughout the U.S. In many of these areas, common areas such as walkways, trails, natural areas and even streets and sidewalks are in place to increase the quality of living for residents. These are often overseen by homeowners associations, raising the question of HOA liabilities in the case of personal injuries.
If a visitor to the community becomes injured, legal action could be brought to determine who is responsible. Because state and federal laws vary on the legal responsibilities of HOAs, it makes sense to have a sound insurance plan for these communities. The right policy can protect the community and its members from adverse judgments.
The Legal Duties of the HOA
Personal injuries sustained by visitors to communities with an HOA happen frequently. This of course raises the question of HOA liabilities. In general, if the community fulfilled its legal obligation to foresee potential hazards and to mitigate them in a reasonable manner and if the injury resulted from the unique actions of the visitor, then the HOA is less likely to suffer an adverse claim.
If the HOA in some way acted improperly, the community could face serious liability concerns. A well-crafted homeowner’s association insurance policy can provide adequate liability protection.