I am a current member of the HOA community in Maryland. I have paid my dues on time (never late) for the past ten years. I have utilized the facility without signing a release since the inception of this community. I am at a loss to understand how the Board can demand signing a release and denying use of facilities that I have paid for. Indemnification is already listed in our by-laws, and Covenants, Conditions and Restrictions that are filed with the government.
Furthermore, demands that I must have health insurance in order to utilize the facilities is a demand that I find illegal. See Release below…Your thoughts?
In consideration of Neighborhood Association making available for use its facilities, including, but not limited to, the Community Center, the Fitness Center, Outdoor Swimming Pool, Tennis and Bocce Court and any and all events and or classes (hereinafter collectively referred to as “Facilities”), the undersigned:
Agrees that the use of the Facilities shall be at this/her sole risk and understands that such shall also apply to use of the outdoor swimming pool whether or not a lifeguard is on duty; 2. Represents and warrants that he/she is in proper health and physical condition to us the Facilities, and if applicable, consulted with his/her physician to confirm this; 3. Releases, indemnifies and holds harmless the Association and its members, directors, officers, agents and employees from and against any and all claims, injuries, damages, liability and causes of action of any kind, including costs and attorney’s fees, arising from and related in any way to use of Facilities by the undersigned and by his/her guests and family members; and 4. Represents and warrants that he/she has in place medical insurance to cover any incident, injury, illness, damage, claim or liability that may result from his/her use of the Facilities and that his policy shall remain in effect at all times that the undersigned uses the Facilities.
I understand that signing this release does not prevent me from taking legal action against the Association for any reason deemed appropriate, including negligence. Further , I understand that it is my responsibility to inform my guests that us of Association facilities is at their own risk.
The effective date of the Release is January 1, 2017. Notwithstanding the effective date, I understand all Association facilities are “use at your own risk”
I prefer to not complete this Release at this time. I understand that if I do not submit the completed and signed Release by December 31, 2016, my access to the Association facilities may be terminated. The Association is located in Maryland.
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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.