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?
@Samantha Reeves I not an attorney but you don't own or control the pool, nor are your responsible for the maintenance or rules on the pool. I don't see where you could possibly be held responsible for something that happens at the pool.
You already have a statement of liability in your lease. I think you are covered. Should you have any doubts consult an attorney.