Can HOAs force residents to sign liability waivers?

Hi Al,

Thanks for reaching out with your question—it’s a good one, and it comes up in a lot of communities.
In short, yes, an HOA can require a liability waiver for certain amenities like a tennis court while not requiring one for others like horse trails. That’s generally allowed, especially if the board views one area as higher risk than another.

That said, the board does need to handle these policies properly. Under Texas Property Code §209.0051, any new rules or policies, including those that affect access to common areas, must be adopted at an open board meeting with proper notice to members. And if access is ever restricted based on whether someone signs a waiver, §209.006 may apply as well, which requires the HOA to give written notice before limiting a member’s rights.

So, while different waiver rules for different facilities can be valid, the board should ensure the policy was adopted through the correct process and applied consistently across the community. If that’s unclear, it’s reasonable to ask when the rule was adopted and whether it was properly noticed and approved.