What is the name of your state? Florida
We own an end unit of 12 townhouses in a row - according to the "Declaration of Condominum" and the property survey there is 10 feet on each end (units 1 & 12) that extends from the building to the property line. Units 1 & 12 are responsible to maintain this area and cannot prevent other unit owners, their friends, family or service providers from going across the side yard and may not put any barrier or other restrictive device that would prevent the other units from using this area.
My question is this....the HOA has iinsurance that I believe would indemnify us in regard to liability however, liability isn't stated anywhere in the documentation. If someone crosses our property to gain access to another person's unit and gets hurt in the process where does the burden of liability fall? The Condo docs are vague...stating that the area can be used by others during "reasonable hours" and its use can be "regulated" by the association-can we require that each unit owner and/ or the association sign a "disclaimer" accepting the responsibility for anyone using the property in regards to liability? Also, can we set hours for using the area and regulate for what purpose?Thank you!
We own an end unit of 12 townhouses in a row - according to the "Declaration of Condominum" and the property survey there is 10 feet on each end (units 1 & 12) that extends from the building to the property line. Units 1 & 12 are responsible to maintain this area and cannot prevent other unit owners, their friends, family or service providers from going across the side yard and may not put any barrier or other restrictive device that would prevent the other units from using this area.
My question is this....the HOA has iinsurance that I believe would indemnify us in regard to liability however, liability isn't stated anywhere in the documentation. If someone crosses our property to gain access to another person's unit and gets hurt in the process where does the burden of liability fall? The Condo docs are vague...stating that the area can be used by others during "reasonable hours" and its use can be "regulated" by the association-can we require that each unit owner and/ or the association sign a "disclaimer" accepting the responsibility for anyone using the property in regards to liability? Also, can we set hours for using the area and regulate for what purpose?Thank you!