GregD1 (Louisiana)
Posts: 14
Posts: 14
Posted:
We have a code access to our pool and pool rules that state "Swim at your own risk". Does this offer any protection for our HOA? Thanks.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Swimming Pool Liability
Started by GregD1 • 5 replies • 3481 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
You need signage at and/or inside the pool area stating:
"NO LIFEGUARD ON DUTY, SWIM AT YOUR OWN RISK"
You also need to BE SURE the pool is maintained properly in a code compliant and safe manner.
"NO LIFEGUARD ON DUTY, SWIM AT YOUR OWN RISK"
You also need to BE SURE the pool is maintained properly in a code compliant and safe manner.
DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
This is a question best asked of your HOA insurance agent and/or attorney.
LoriL1 (Florida)
Posts: 78
Posts: 78
Posted:
I would also add that most states have regulations regarding pool operations. You might check with your State Dept. of Health.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
There seems to be some here of the opinion that a sign is all you need. I don't agree and to me it looks like all the comments are constructive. Somewhere in the past this sign business has come up before. I think signs are necessary. In the case of a swimming pool, some states require the area be fenced and a restricted access (electronic card) or something.
I personally think that "intent" by the association would carry weight in court. If the association has set up policies and erected signs and sent out periodic notices or entered rules into website or news letter, and/or actually had some one on one monitoring, then a judge could well value the effort of the association to provide a safe environment.The few court cases I am familiar with all had the tactic of one side trying to prove the association did not do due diligence and of course the other side scrambled to establish they were good stewards. Then usually the two lawyers meet out of hearing and the insurance companies set a dollar figure and the case never goes to formal court.There certainly are health regulations, water analysis, monitoring, and maybe other state requirements, all directed to insure the safety of the users.
I personally think that "intent" by the association would carry weight in court. If the association has set up policies and erected signs and sent out periodic notices or entered rules into website or news letter, and/or actually had some one on one monitoring, then a judge could well value the effort of the association to provide a safe environment.The few court cases I am familiar with all had the tactic of one side trying to prove the association did not do due diligence and of course the other side scrambled to establish they were good stewards. Then usually the two lawyers meet out of hearing and the insurance companies set a dollar figure and the case never goes to formal court.There certainly are health regulations, water analysis, monitoring, and maybe other state requirements, all directed to insure the safety of the users.
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
yes, it offers some.
but the other posters here offer even more... listen to them, make sure you are up to any code, law, statute, etc. that may apply. Check out any that may NOT apply, and see if they are still worth doing anyway. signed statements by each HO can't hurt either, releasing the HOA from liability. So would a list of common pool rules and regulations, again, given out to HO's, even better, signed and returned by them.
You cannot ever Zero out liability. You can, however, reduce it, and the best way is to reduce it by layers, as suggested by everyone here.. one layer, then another, then another, until you are comfortable with the remaining risk.
but the other posters here offer even more... listen to them, make sure you are up to any code, law, statute, etc. that may apply. Check out any that may NOT apply, and see if they are still worth doing anyway. signed statements by each HO can't hurt either, releasing the HOA from liability. So would a list of common pool rules and regulations, again, given out to HO's, even better, signed and returned by them.
You cannot ever Zero out liability. You can, however, reduce it, and the best way is to reduce it by layers, as suggested by everyone here.. one layer, then another, then another, until you are comfortable with the remaining risk.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here