Get 1 year of free community web site hosting from Community123.com!
Thursday, May 13, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Pool keys and access
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
ReneeH5
(Texas)

Posts:38


04/09/2021 6:46 AM  
Is it legal to require a homeowner to sign a waiver in order to get a pool key? It’s a use at your own risk pool and there is nothing in the docs that require this.
AugustinD


Posts:300


04/09/2021 7:06 AM  
Posted By ReneeH5 on 04/09/2021 6:46 AM
Is it legal to require a homeowner to sign a waiver in order to get a pool key? It’s a use at your own risk pool and there is nothing in the docs that require this.
-- The Board may have decided or figured that this waiver is prudent for the purposes of insurance. The governing documents often give Boards a lot of power when it comes to ensuring insurance premiums stay low.

-- In my experience, these waivers have little legal value.

-- I do not think this is worth fighting over. I would sign it and be done.
SheliaH
(Indiana)

Posts:3921


04/09/2021 7:17 AM  
What Augustin said.

It's impossible for everything to be covered in the documents because time, people and did instances change. There's probably something in your documents that does allow the board to enact additional policies and procedures to flesh out the document, but not attempt to supersede them.

When our community had a pool, we required homeowners to sign a statement agreeing they and their guests would comply with the pool use rules and we also had a swim at your own risk pool. We had no trouble getting signatures as they had to be submitted before We'd issue the permits.
MarkM19
(Texas)

Posts:790


04/09/2021 7:17 AM  
Renee,
We did this last year and had our HOA attorney review the language that was used. We are a 1400+ SFH community and we did not have anyone publicly have an issue signing it. We also limited capacity to 50% during last season. This year we plan on the same capacity issues until the Local Cities changes restrictions.

It was put in place to try and protect the Association from legal fights. We only allowed Residence owners and renters to access the Pool. We also had a Monitor at our entrance. Who knows if this would have done it's intended purpose if a suit was filed.
BarbaraT1
(Texas)

Posts:411


04/09/2021 10:57 AM  
The governing docs for the community I manage list denial of access to amenities as one of the board's options if a homeowner breaks a rule. Last year the rule was that you had to sign a waiver to use the pool. So for us, yes. Documents can't address every possible scenario, sometimes you have to extrapolate.
BenA2
(Texas)

Posts:872


04/09/2021 6:05 PM  
It's a common area amenity so I think the board has the authority to require the waiver, unless your covenants say something different. In most HOAs the board also has the authority to change the rules for common areas so they could simply change the rules.

Whether they write it into the rules for the pool or just vote at a meeting to require a waiver, I think they have the authority to do so.
CathyA3
(Ohio)

Posts:1881


04/10/2021 5:20 AM  
I noted in the other thread that neighboring HOAs have had such waiver agreements pre-covid - you either signed the waiver or you didn't swim.

It's very common for organizations to require such waivers if there is a chance a user of their facilities may get hurt (the ice rinks where I skated included the phrase "up to and including death" in their verbiage). It's all about informed consent. If your kid or you played sports, I bet you signed such an agreement.

I assume the agreements are not totally worthless as far as protecting an organization, but they do need to be backstopped by insurance and whatnot. And I think it makes a difference depending on the individual circumstances. If someone is hurt because of normal risks involved in an activity, that's one thing. But if someone is hurt due to conditions arising from poor maintenance or negligence on the part of the owner of the facility, a waiver of liability may not be effective.

I also noted that prior to now, people didn't bat an eye about these agreements.
LetA
(Nevada)

Posts:1160


04/10/2021 6:34 AM  
This form could not only be a waiver, but an acknowledgment that you understand and will comply with the code of conduct to use the aquatic facility.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Pool keys and access



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement