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Thursday, July 19, 2018
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Subject: Swimming pool injury disclainer
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Author Messages
LarryD13
(Texas)

Posts:20


01/03/2018 12:35 PM  

Our management company has suggested that we require residents to sign an injury disclaimer as a requirement for pool use. The pool and HOA are 12 years old and we have never before required this.

I am concerned that this is not a good thing to do and there may be push back from some residents. What do you all think?

Thank yo7
TimB4
(Virginia)

Posts:15823


01/03/2018 2:06 PM  
I'd tell the MC, thank you for the suggestion.
The Board has discussed the issue and chose not to implement such policy.
DouglasK1
(Florida)

Posts:1153


01/03/2018 4:07 PM  
I'd also run this by an attorney if you decided to implement. Most likely it will not help at all, and could have possible unintended consequences.

Escaped former treasurer and director of a self managed association.
SheliaH
(Indiana)

Posts:2204


01/03/2018 4:27 PM  
And check with your association insurance carrier too - it may be able to give additional tips on reducing liability
LetA
(Nevada)

Posts:456


01/04/2018 11:12 AM  

Many HOA's don't have lifeguards or security at pools, signs posted swim at your own risk and no diving pretty much exempts HOA's from liability. There would have to be a significant cause for the HOA to be negligent. I don't see that happening.
I asked my HOA the same question because I have witnessed allot of people abusing the pool and diving in the pool where it is 3' to 4' feet deep. There are signs posted that say no diving, that alone satisfies the insurance commitment. Our HOA is pretty much off the hook in a liability lawsuit if someone is injured at the pool .
BenA2
(Texas)

Posts:521


01/04/2018 1:52 PM  
My question to the manager would be, what do you do with owners who refuse to sign? Is it not their pool and don't they have the right to use it as long as they pay their assessments?

I agree with consulting an attorney before implementing this.
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Forums > Homeowner Association > HOA Discussions > Swimming pool injury disclainer



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