Our Homeowners association has built an ATV track in an empty lot. Would each homeowner be liable if someone was injured?

UPDATED: Apr 2, 2009

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Our Homeowners association has built an ATV track in an empty lot. Would each homeowner be liable if someone was injured?

The homeowners association built an ATV track with some dirt jumps and sidehills in an empty dirt lot, using association money. The lot is insured as an empty lot. Would each homeowner be held liable for injuries to riders since the association built the track?

Asked on April 2, 2009 under Accident Law, Utah


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Most likely if it is purchased with homeowner association monies, and it is on land that is part of that condo community or townhome or home community, then it is considered common area and you would/could be potentially partially liable. 

Did the homeowner's association put this to a vote? If yes, make sure you were on record as voting no.  Did you vote or were you not an owner at the time?  Try contacting sites like the one I found and asking for copies/location of homeowner association law in Utah.  http://www.utahcommunitylaw.com/

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