Liability for Accidents on an Easement Held By a Homeowners Association

**sandya123** · 10-22-2007, 06:52 PM

Who has liability and who's insurance would be used if there is an accident on an easement that is held by an association, but the actual land is held by a specific property owner. What ways can the individual property owner protect themselves from liability? Can easement holders write an indemnification letter assuming responsibility and it be legal. The rights, titles and interests have not been conveyed to the HOA but each owns a share of the easement and common area. The HOA have incorporated as a non profit but individual property owners have not conveyed their road , access easement rights, titles, interests, etc.to the HOA. State of WA
Thank you

**Mr. Knowitall** · 10-24-2007, 08:21 AM

What sort of accident do you envision occurring?

Who handles maintenance of the easement?

**sandya123** · 10-24-2007, 11:11 PM

maintanence is suppose to be done by the association but they voted to do none as road eroding and the fix would be a great deal of money...accident could be someone falling of the adjacent cliff...

**Mr. Knowitall** · 10-25-2007, 06:57 AM

I suggest going to your insurance agent and making sure that you have coverage for any accidents which might occur, then consulting a real estate lawyer about bringing an action to force the HOA to repair the easement.

**sandya123** · 10-25-2007, 08:24 AM

insurance broker confirms still covered...problem was disclosed with pictures, says needs to be informed ongoing changes...will be informing...repair is over $100,000 and may possibly not receive permits for doing...also no contractor guarantees work to be done...area of concern is used as one of two access easements to recreational beach area....who is liable in case of accident, property owner or HOA. can indemnifications be written for protection of underlying property owner? are they legal?binding? who liable when hoa policy revoked? thanks for your help