How should an HOA board manage a sledding hill on common area?

By OurHOA · General information · Revised October 25, 2026

How an HOA board decides whether to allow sledding on a common area hill, inspects the runout, posts rules and signs, and weighs Colorado and Texas liability law.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

If kids already sled on a slope the association owns, the board has a sledding hill whether it planned one or not. Pretending otherwise is the weakest position. Walk the hill in the fall, fix or fence what a sled can hit at the bottom, post plain rules and the warning sign your state law rewards, and write down that you did all of it. If the runout ends at a street, a pond, a fence or a row of trees you cannot move, close that slope to sledding and say so on a sign. This guide covers the inspection, the rules, the state liability laws in Colorado, Texas and Florida, and the close-or-keep decision. Rules vary by state and by your governing documents, and nothing here is legal advice. Have the association's attorney and insurance agent look at your plan before the first snow.

Walk the hill before the first snow

Do the inspection in October or November, when the grass is short and nothing is hidden. Start at the top and walk the line a sled would actually take, then the lines it would take if it veered left or right. Note every fixed object in or near those lines: trees, stumps, rocks, light poles, sign posts, fence posts, benches, irrigation boxes, drain inlets and retaining walls. Nationwide Children's Hospital's Center for Injury Research and Policy, which studies sledding injuries, tells families to avoid hills with trees, fences or light poles, rocky hills, and slopes that end in a street, drop-off, parking lot, river or pond. The same page names hitting a fixed object and falling off the sled as the usual causes. Photograph each hazard with something for scale and note its distance from the bottom of the slope. Look for ruts, holes and erosion gullies, which snow fills and hides. Check where the hill drains, because a low spot at the bottom can turn into an ice sheet after a thaw and refreeze. Put the photos and a one-page sketch in the association's records with the date.

Fix the runout first

The bottom of the hill matters more than the top. A sled that is still moving fast when the slope flattens needs open, level ground to stop, and the board controls what sits there. Work the hazard list in this order. First, remove what you can: a dead tree, an unused post, a stump or a boulder someone placed for looks. Our guide on removing a dead or dangerous tree on common area covers that process. Second, move what you can: a bench or a trash can belongs somewhere else from December to March. Third, keep people away from what you cannot move. A snow fence or a row of stakes and rope that stops sledders well short of a street or pond does more than padding does. Padding is the last step, not the first. Wrap poles and trunks you cannot avoid, but treat it as a backup for a sled that leaves the line, not a reason to send sleds toward the object. Omaha is the cautionary example cities still cite. After a 5-year-old was paralyzed hitting a tree on a city hill and a $2 million judgment followed, the city tried a one-winter ban, saw people ignore it, and switched to warning signs, pads on posts and hay bales around trees, according to a 2015 Insurance Journal report. Sioux City paid $2.75 million after a man slid into a sign. Those were public parks with larger crowds, but the hazard is the same one a 60-home association has at the bottom of its detention pond berm.

Rules and signs owners can follow

Keep the posted rules short enough to read in the cold. A sign at the top of the hill can say: 'SLEDDING AT YOUR OWN RISK. Sled feet first, one rider per sled unless the sled is made for more. Helmets recommended. Children under 10 must have an adult present. Sled only in the marked area. Do not sled toward the street, pond or fence. No sleds pulled by cars, ATVs or snowmobiles. Hill closes at dusk. Report hazards to the board at (email).' Those rules track the safety advice from Nationwide Children's: feet first, adult supervision for children, helmets, a passenger limit, and never riding a sled pulled by a motor vehicle. Adopt the rules by board resolution, following whatever notice your documents and state law require, and send them to owners before winter. In Colorado, add the statutory warning sign. SB24-058, effective August 7, 2024, added section 33-41-104(2) to the recreational use statute. An owner does not commit a willful or malicious failure to warn about a known dangerous condition if, before the injury, it posts a sign at the primary access point that carries the exact warning text in the statute, measures at least 8 by 10 inches, and is visible to someone entering. The owner must keep photos or other evidence of the sign, and the safe harbor covers only conditions the sign describes. The statutory text names open and obvious variations in steepness and terrain, rocks, stumps, waterways and trees, among others. A known hazard the sign does not describe stays outside the safe harbor under section 33-41-104(3), so a sign is not a substitute for fixing the runout. Photograph the signs every season.

What recreational use laws do and do not cover

Texas, Colorado and Florida each have a recreational use statute that limits a landowner's duty to people it lets onto land for recreation without charge. Each has gaps that matter to an association. Texas Civil Practice and Remedies Code section 75.002(c) says an owner who gives permission to enter for recreation does not assure the premises are safe and owes no more care than it owes a trespasser. Section 75.001(3) lists activities such as hiking, picnicking and camping, plus 'any other activity associated with enjoying nature or the outdoors.' Sledding is not named. Section 75.003(c) limits the protection to owners who do not charge for entry, keep recreational charges at or under 20 times the property taxes on the premises, or carry the insurance described in section 75.004, and section 75.002(d) keeps liability for gross negligence, malicious intent or bad faith. Colorado section 33-41-103 covers owners who permit recreational use without charge, and section 33-41-102(5) defines recreational purpose broadly enough to reach any recreational activity. Section 33-41-104(1) keeps liability for a willful or malicious failure to guard or warn against a known danger, where a charge is made, and for maintaining an attractive nuisance. That last one matters on a hill full of children. Florida section 375.251 protects an owner who provides an area to the public for outdoor recreation, only if no charge is made. A members-only common area may not qualify, though few Florida boards will face this question in the snow. Whether owner assessments count as a charge for using common area is the open question in all three states. Do not assume the statute protects the association. Ask your attorney.

Waivers, insurance and the decision to close

Call the insurance agent before winter and ask three things in writing: does the general liability policy cover injuries from sledding on common area, does it exclude any winter sports, and does the carrier want specific steps such as signs, fencing or closure. Some cities closed hills at their carrier's request. Dubuque, Iowa moved in 2015 to ban sledding in all but two of its 50 parks over liability concerns. Waivers help less than boards hope. Colorado is unusual: section 13-22-107(3) lets a parent release a child's prospective negligence claim, but section 13-22-107(4) bars waiving claims for willful and wanton, reckless or grossly negligent conduct. A waiver also only binds people who signed it, and a hill open to everyone collects few signatures. Other states treat parental waivers differently, so ask counsel before relying on one. Close a slope if the runout cannot be made safe at a reasonable cost, if the carrier will not cover sledding, or if the hill sits next to a street or open water. A closure needs the same care as an opening. Post signs, fence the top if people keep using it, and announce it to owners with the reason. A posted rule the board ignores can look worse than no rule at all.

A season timeline and the mistakes to avoid

October: walk the hill, photograph hazards, get the insurance answers. November: remove or move what you can, install fencing and padding, post signs, send owners the rules. After each big snow: one director checks the runout for exposed rocks, ice sheets at the bottom and damaged fencing, and logs it. Mid-winter thaw: recheck the low spot at the bottom for refrozen ice. March: pull fencing and padding, repair turf, note what went wrong for next fall. The mistakes repeat. Boards pad a tree and leave the bench next to it. They post a sign that says 'no sledding' and never enforce it. They post a no-jumps rule and then let a volunteer pile snow into a ramp for a winter event. They skip the inspection log, which is the record that shows the board guarded against known hazards. They forget the night: if the hill has no lighting, close it at dusk and say so. When someone does get hurt, write it up the same day. Our guide on writing an incident report after a common area injury covers what to record and who to notify.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

More on board & governance

Or browse all hoa boards & governance guides.