Liability of joint property: advice for homeowners

Questioner

Together with 32 homeowners, we have a joint business. This joint business is a so-called inner garden. This inner garden can be entered via 1 of everyone's gardens and via 2 gates that are always locked and can only be opened from the street side with a key. In the inner garden there are 2 anchored benches, 1 dug-in certified play equipment (3 horizontal bars of different heights) and a piece of grass. In addition, some residents have placed a number of loose play equipment such as a slide and a seesaw. I estimate the total size of the garden at 200 m2 and it is completely manageable. We are all liable for 1/32 of this joint business. However, upon inquiry, it now appears that my individual liability insurance does not cover any damage to third parties that occurred on the joint business, the reason given for this is that we are 32 people responsible and that it is impossible to recover any damage proportionally from all 32 people individually. Now we do not want to set up a VVE or similar for this joint business because that seems too 'heavy' to us and it is not possible to enforce this with all owners because the deed of delivery already describes in detail which rights and obligations 1 each has. We have arranged the management well and the manager ensures that the fixed parts of the joint business remain in the right condition so that the risk of culpable accidents remains limited. Because we are not a VVE or the like, it is also not possible to take out insurance on the joint property. My question now is: how can we (32 owners) prevent ourselves from being held personally liable for any damage to third parties that occurred on the joint property. Is hanging a sign 'Enter at your own risk' and/or a sign 'No access for unauthorized persons' of any use in this?

Lawyer

You cannot prevent this because sending a notice of liability is done quickly, but what still needs to be proven is whether an attributable error or unlawful act has actually been committed for which a co-owner or multiple can be designated. In the situation of sports and games and playground equipment, this will not be the case so quickly. In addition, a distinction must be made if the error has already been proven, or if an error was made personally or from the joint obligations, otherwise the person himself can be held liable in addition to building owners.

Questioner

Thank you Monique for your answer, so we don't have to worry too much about a possible liability claim in this case if I understand your answer correctly. Is putting up a 'Enter at your own risk' sign and/or a 'No unauthorized access' sign of any use in this case?

Lawyer

Yes, because it reminds an outsider or third party that the courtyard is not public and may not be entered without permission. If something happens, it will be taken into account in the reduction of damages in the event of a proven error/tort, but it will not completely eliminate it.