Q. The country club inside our gated community is holding a summer camp for children at the pool area. They will enter the community via school bus twice a week. The master HOA is not related to the club, but it is concerned about the liability. Is there some sort of indemnity or waiver we should obtain from the club? Please advise.
A. If the master association is not legally affiliated with the country club, the only liability I see for the HOA relates to use of the HOA’s roads and access facilities. In all likelihood, the HOA owns and insures the roads inside the gated community and the country club has an easement over those roads for access to the club. The HOA should check with its insurance company to make sure that there is sufficient coverage for the school buses. Further, the HOA could require the club to add the HOA as an additional insured with respect to the club’s insurance for these activities. The HOA could also require the club to provide an indemnity, but the HOA should expect resistance from the club’s attorney if the access for the school buses is otherwise lawful and not excessive.