Many associations require owners and residents to sign waivers and releases of liability prior to participating in association-sponsored events, such as a community clean-up day or recreational event.  Usually, if a minor is participating, the parent is required to sign this waiver and release.  In 2002, the Colorado Supreme Court determined that releases executed by parents for their children were void as a matter of public policy.  However, the legislature this year passed a law making it clear that such waivers and releases are enforceable in certain circumstances.
 
The legislature specifically found that children should have the opportunity to participate in sporting, education, recreational and other activities which may involve certain risks and that entities which provide these opportunities could be discouraged from providing these opportunities if not protected from lawsuits.  The legislature further recognized that parents make conscious decisions every day regarding the risks and benefits of the activities of their children and that they have a fundamental right to make decisions regarding the care of their children.  Accordingly, the legislature passed a law stating that parents may waive and release a child’s claim for negligence (but not for gross negligence).  A copy of Senate Bill 03-253 may be found at here.
 
As part of building community in your association, we encourage boards to have appropriate community events.  However, it is also important to protect the association, especially if the event involves risk.  Therefore, when preparing for community events or taking advantage of volunteer labor, we recommend that you contact the association’s attorney to determine if a waiver and release of liability is appropriate for the participants, whatever the age.