A successful co-ownership group works to ensure the vacation property is well maintained and safe for the use of all the owners. All the owners are familiar with the property and the inherent risks involved: for example they know they shouldn’t swim alone or leave a fire pit unattended. However, when guests are using the property, they may not be aware of these dangers. A guest waiver would inform the visitors of specific risks that are present in a vacation home due to its location, amenities, as well as the community property kept at the house (kayaks, sleds, etc.) .
It may seem awkward to ask a visitor to sign a waiver, but it is necessary to protect the owner who invited the guest. When the vacation house is co-owned, it also provides protection for the rest of the ownership group. In fact, the ownership group would be right to require each owner to have all their guests sign a waiver.
A waiver would not protect the ownership group from liability if they are negligent about dangerous situations (e.g. deteriorating decks) so it is necessary for the regular maintenance and upkeep to continue throughout the duration of ownership. The unique and detailed waiver should be prepared by a lawyer with experience in homeowner liability.
Owners should think of a visitor waiver as a courtesy to inform the visitor of any risks they may not realize are inherent to the property. They may not know that leaving food outside might attract bears, or that parking on the side of the road may result in getting stuck in mud and needing a tow truck. Most visitors are familiar with liability waivers and understand that they are necessary for the ownership group to allow visitors.
