Had the opportunity to have an email conversation with Al Connell, whose insurance agency has handled the insurance for the Cypress Cove HOA since the time when there were only 11 units in the community. (Disclosure: I am also a customer of Al's in contexts outside of Cypress Cove. I also recommend him highly.)
A caveat from Al:
"In response to your questions, I am not an attorney nor a claims adjuster, but here are my thoughts."
Duly noted. Now, onto the Q&A:
CC: What exposure, if any, would exist if someone willfully climbed over the spa fence and injured themselves? Is this sort of thing covered by the association's insurance?
AC: In that the spa is located in the HOA common area, the insurance policy covers the spa area. In that there is a fence around the spa, I believe that the HOA has made an effort to keep it protected. If someone were to injure themselves and the HOA was deemed to be somehow negligent, there would be liability coverage from the policy.
CC: If there is any potential exposure, what could be done to mitigate it?
AC: Short of taking the spa out, I don't know what could be done.
CC: Are you aware of (or do you cover) any other organizations that might have a similar situation (e.g. hotels, parks, etc.)? What are other folks doing to reduce their exposure, from a physical standpoint (e.g. what have they done to the areas to make them reasonably safe without going overboard)?
AC: I have seen other HOA's who have completely enclosed the spa and have a key lock to access. They may have been built originally that way, I don't know for sure.
Additionally, Al notes:
"Your property manager, Rob Cochrane [Compass Management], is a very experienced manager. He has managed properties here as well as in So. California. He may be an excellent resource for his thoughts and experiences at other properties. I would suggest that you discuss this with him. Let me know if you need anything else."
Thanks, Al!
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