October 19

should be dealt with in the future. The Residential Parks Act offers no assistance in that regard. In addition, we have had complaints from residents in a number of our villages that exist- ing committees of unincorporated associations are not truly representative, that resident meetings have not been held or have been too infrequent, that election practices have been unfair and that there is little transparency or accountability. Where the issues above reflect the operations of unincorporated associations and their resident committees, residents have advised they feel disenfranchised and fewer and few- er residents see the value in such bodies or the utility in attending meetings which don’t follow protocols and are not well run. The most significant disadvantage of unincorporated resident associations, be they an in- dividual activity group like a “Men’s Shed” or a wider resident body which covers a range of activities, is that the organisers/committee of these activities groups and to a lesser ex- tent their membership are potentially liable to be sued, if an individual is injured as a con- sequence of the resident activities organised by the unincorporated association. Hampshire entities are not seeking to avoid their legal obligation to provide safe facilities and to have their own insurance for the benefit of residents and other persons injured whilst using such facilities. If a resident or a visitor is injured as a consequence of the condition of a common area or communal facilities within the village, then such residents and visitors are not prevented from taking action against the relevant Hampshire entity. Hampshire entities have historically received many requests from resident groups to pro- vide support, including financial support or provision of new facilities, so that residents may carry out an increasing range of activities within the villages. It should be noted that the vast majority of these are resident initiated and resident organised activities and the village operator has no involvement, other than making an area or facility available to the resident group organising the activity. As the number of residents and the number of activities have increased within villages, Hampshire has recognised that there is some risk to resident organisers and resident and non-resident participants in carrying out such activities. Hampshire have therefore en- couraged incorporation and sought to impose a condition of insurance cover as part of our agreement to provide financial and non-financial support. Are Hampshire entities trying to avoid their legal obligations by re- quiring the incorporated association to be insured?

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