- Jurisdiction
- California
I am a member of an unincorporated non-profit road association by virtue of owning my home. The CC&R's are on the property establishing the association. I have lived here for more than 20 years and we periodically seal and perform other maintenance and repairs to the road with the costs being split among the association members. We have by-laws and a volunteer board of 4 who obtain bids for maintenance and based on the bids, make a recommendation to the association members who vote on the proposed maintenance, majority rules. The association does not own the land under the road, but maintains the road via a right of way over other members' properties. There is now a discussion as to concerns of liability regarding the road.
Assuming the road has not fallen into disrepair (it hasn't), do the association members have a liability for an automobile accident that occurs on the road? It does not snow here so snow removal is not an issue.
Are the road association members liable for someone tripping and falling on the road? The road is paved and well maintained.
Are the road association members liable for a tree falling on a car on the road? The road association does not own the land adjacent to the road, that is owned by the home owner.
Do the volunteer association board members have an additional liability over and above that of the other ordinary members?
If there is a liability, to what extend does my homeowners insurance cover me? We are all single family residences.
Thank you for your time.
Assuming the road has not fallen into disrepair (it hasn't), do the association members have a liability for an automobile accident that occurs on the road? It does not snow here so snow removal is not an issue.
Are the road association members liable for someone tripping and falling on the road? The road is paved and well maintained.
Are the road association members liable for a tree falling on a car on the road? The road association does not own the land adjacent to the road, that is owned by the home owner.
Do the volunteer association board members have an additional liability over and above that of the other ordinary members?
If there is a liability, to what extend does my homeowners insurance cover me? We are all single family residences.
Thank you for your time.