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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Is a HOA liable for accidents that occur as a result of a single

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Is a HOA liable for accidents that occur as a result of a single owner's equipment that is left on Association property?

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Law Pro :

Has the HOA confirmed that he has insurance?

Law Pro and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

I do not know if he has insurance but will ask. If he does are we liable? If he doesn't, are we liable?

Customer: replied 3 years ago.

here is his website:

As you can see he added LLC after his name. I do not know if this is true just that he put the designation after his name.

As you can also see he is operating other businesses out of his home.

He has a septic system for a 1 bedroom house but has capacity for 25 people and never has < 6 cars in his parking lot.

Yes, given the facts and circumstances you stated, the HOA could be found liable to third parties because he's operating on HOA property.

So, first, I would have him do 2 things:

1) execute a release agreement of no liability as to his actions and business as against the HOA

2) mandate that he have adequate insurance to cover his business

what would be adequate insurance? I would talk to a local insurance broker and get their opinion of what type of insurance he should have and would should be the minimum limits thereof.

As to the release - that he would not sue the HOA for anything concerning the operation of the business and that he assumes any and all liability for any suits - even owes for the HOA's legal fees

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