This is my first rental. I dot my I's and cross my T's, as I encounter many things for the first time. This topic is one I cannot find information on, but feel it is important to do right in order to protect myself.
My HOA requires that my tenants and I together sign a waiver holding the HOA harmless should an incident occur on their facilities. The wording is "Owner, on behalf of the owner's tenant, waives any and all claims against the HOA...", and "Owner agrees to indemnify and hold harmless the HOA...".
My lease has a statement of Liability that Landlord is not responsible. "Unless caused by Landlord, Landlord is not responsible for Tenant, Tenant's occupants, family, or guests for any damages, injuries, or losses to person or property...". Unfortunately, this doesn't speak specifically about the HOA facilities.
To preface my concern, I know nothing about legal. I just try to cover all the bases, so when my 'paranoid' radar goes off, I start drilling down on the issue until I feel it is safe.
So, my concern is that the HOA waiver reads as if I represent my tenants. This makes me worried that if something does happen to them, say they get injured at the pool, they could sue me. I feel that my tenants need to also sign a waiver from me to indemnify and hold harmless.
What say you?
Hi @Samantha S. and welcome to BiggerPockets!
Yes, I absolutely would have the tenants sign an HOA waiver indemnifying the landlord. There's no downside: The worst case is it gets thrown out if you end up in court.
If fact, I would use the exact same waiver you already have in hand, modified to refer just to the landlord and the tenant. For extra protection, have an attorney review the modified waiver.