[Pgene21]

Hello all,

I wanted to get some of your opinions and experiences fishing ponds or lakes that belong to industrial parks or sub-divisions.

Have you found that people didn't want you there? Did you ever find a honey hole so good that even though it was posted "No Fishing" you went anyway and the cops were called? Did you get a ticket?

My sub-division has one of these signs posted but I still fish there because the president of the HOA told me they only have it there for liability purposes. It can get a little annoying though when the local pre-teen comes around telling me I am breaking the law. I have even had a mother that was passing by grill me about it (usually I am fishing right in front of the sign). I won't stop fishing at this pond because it was one of the reasons I moved into that particular house(the house is directly in front of the pond). Please let me know what you think and what you do.

 

[h2ohhh]

Ask the HOA president to create a release form that can be created for any RESIDENTS to sign holding the subdivision harmless from any liability or injury resulting from fishing. For kids, parents obviously have to sign and the hoa may want to have a 'adult supervision required' stipulation. The 'no fishing' sign can then be updated with a 'except residents under written permit' notation.

 

[jimbeamii]

I think you should ask the HOA to replace that sign with something like "Fish at your own risk. HOA is not responsible ... etc."

If the pond is posted, regardless of what the HOA guy says, I believe you are violating the law since it says the owner's intent is for there not to be fishing on his/her property.

JMO

 

[Pgene21]

Hey Jim I kinda hear ya but remember as a member of the HOA I am the owner of that pond.

 

[biglenr]

I'm not a lawyer, but I have been on a HOA board, and I was briefed on some of the minefields by the HOA lawyer...

If it's posted "No fishing", you're violating the rules. And that's a problem for the whole HOA. Because if they don't enforce their no fishing rule, if they choose to enforce any other rule (say: no trailers in the yard), then the violator of that rule can legally argue a case for selective prosecution. By breaking the no fishing rule, you weaken all the HOA rules.

I suggest you should work with the HOA board to amend the rules to allow fishing for residents and guests with signed waivers on file. Or take it upon yourself to contact the insurance carrier to see if allowing fishing would affect the insurance premiums.

You don't quite own the pond. You are a member of the group that owns the pond. You, personally, don't have complete control over it. You couldn't use it as a dump for your yard waste, you couldn't drain it, etc. If the group that owns the pond (the HOA, run by the HOA board) decides to ban any activity there, they have the right and the power to do that, and your membership in the group doesn't grant any special rights.

Now that my spiel about HOA's is done....

There's an industrial park pond about 2 miles from my home that I can't WAIT to fish. I've been trying to get permssion but nobody thinks that they're authorized to grant it, so I'm just going to give it a shot. It is not posted no trespassing or no fishing....

 

[lefty]

This is kinda a hot-button of mine as a parent. I'm not criticizing you - my intent is to participate in the discussion you invited.

Your example is teaching my kid that it's OK to ignore the rules. My 10-year-old does not know that you have special dispensation from the HOA president - it just looks like you're ignoring the sign. If you can choose which rules to obey, then he ought to get to choose, too.

I'd much prefer that you ask the HOA change the sign. That way it does not undermine my efforts to teach my children to be good citizens that respect the society's rules.

 

[Pgene21]

If this is a hot button issue, then I picked a good question to ask!

I do appreciate your comments and as I also have children, I don't want them to think it is ok to not follow the rules.

I think I will try to see if we can get the sign changed that will allow the residents only to fish and children only with parents.

 

[lefty]

Thanks for bringing up the topic, PGene!

 

[Stew-Rat]

Signs, signs, everywhere there`s signs,
Blockin' up the scenery, breakin' my mind,
Do this, don`t do that, can`t you read the signs.

Sorry, songs stuck in my head now.

I agree, best to get the sign changed if you can.

 

[Pgene21]

Tesla.... Great song! One of my all time favorites actually.

 

[ejtaylor822]

We have a pond in our area. There is a sign stating for "No Trespassing - pond for use by homeowners and their guests only." In the HOA covenants there are specifics about the pond and how the HOA will not be held liable for ANY incidents. Everyone (mainly me) fishes at their own risk.

Eddie

 

[Bread Man 1]

Get rid of the HOA.

 

[biglenr]

That's not an option for most of us. I sought out a communtiy with some strict rules. That was after living near to a guy who basically graveled in his front yard and rented out boat parking spots to his buddies. No matter how much you like boats, living 150 feet from a boat parking lot with many drunken, noisy boaters with pick ups coming at all hours of the day or night is probably not to your taste.

Admittedly, they are not for everybody, but I prefer to live in a community with an HOA.

 

[Pgene21]

I know, the HOA is EVIL!!!

 

[Stew-Rat]

I am the guy the HOA is made to keep out.
I wouldn`t live under one if the house was free.
I have yaks in the yard (sometimes), 2 firepits, shoot firecrackers and guns, build forts in the woods with the boys, cut the grass when I feel like it, and on and on.
I am just not cut out to co-exist with all those rules.

 

[Stew-Rat]

There are already rules (laws) about being drunken and noisy without a HOA.

 

[Pgene21]

To his credit, my next door neighbor is the HOA Pres and they try really hard not to be mean. I actually think I have one of the best HOA's around... but that still doesn't mean I have to like HOA's!!

 

[Bread Man 1]

That's not an option for most of us. I sought out a communtiy with some strict rules. That was after living near to a guy who basically graveled in his front yard and rented out boat parking spots to his buddies. No matter how much you like boats, living 150 feet from a boat parking lot with many drunken, noisy boaters with pick ups coming at all hours of the day or night is probably not to your taste.

Admittedly, they are not for everybody, but I prefer to live in a community with an HOA.

You wouldn't like Sneads Ferry. You wouldn't want to be my neighbor either. I am one of those guys who hooks up and leaves all hours of the day and night. I stay away from the drunken part though.

 

[biglenr]

They're not for everyone, but as I said, they are for some of us. I certainly will not deride anyone who believes that their life is better without them.

The best comparism, to me, is choosing to get married. You give up some of your freedom for some formal security. That choice isn't for everyone either.