Pool Lift

Our HOA is over 55 community. As a 55+ community we have many older residents and many with physical conditions which impeded their ability to use the pools. Over the past 10 years, there have been numerous calls to install a chair lift a pool to allow these individuals easier access. On every instant the Board or Management has stated there is too much liability involved with a lift. Because we are a private community and have no public access to the amenities, we do not have to be ADA compliant. However our new Board would like to fully address this issue. I'm interested in hearing from other community who have looked into this matter or do have a lift regarding your experiences with regard to same. Thanks. Dennis

Dennis,

Our 55 and over community in Virginia has a lift at our indoor pool. Our outdoor pool is a "zero depth" walk-in design which allows wheelchair access. The indoor lift is motor (battery) operated. The lifeguard keeps the charged battery and notice is posted "for use of lift consult the lifeguard". The lifeguard is trained to operate the lift.

I am not aware of any impact the presence of the lift has on our liability premiums. The lift is rarely used but in a 55 and over community its presence can be a selling point to those considering buying who have mobility issues. Relative to our overall HOA budget ($2.5M/year) the cost of the lift was not an issue.

Money is not a factor regarding installation of a lift as we a have a $3M/year budget. As I noted the previous Boards have always used liability as their reason for not installing this device. I have contacted our insurance agent requesting from them what our exposure would be and cost should we go forward.

We do not have a lifeguard; thus operations would be the responsibility of the residents. Our maintenance staff would need to ensure battery is charged. Are there other issues related to having a lift that you know of? Thanks for your responses to date. Dennis

Dennis,

If your community is reaching the age where a pool lift means the difference in several people enjoying the pool or being denied access, the GO FOR IT! It's a great amenity and accommodation that directly impacts your users. Insurance companies will not hassle you over this because it's a worse situation to have someone tumble into the water because they didn't have access assistance. This is a silly argument that a mobility device will increase liability when the sheer design of the technology makes the pool easier and safer to use. HOA board members worry more about paying lawyers than following common sense, sometimes. We, directors, are often kept in a state of paralysis by legal fears. There's liability everywhere you look but there is not negligence everywhere you look.

With money being no object, there's no reason not invest in your peoples' access.....if insurance wants to raise rates, vet the increase for reasonableness and re-bid when appropriate if you think you're being milked a bit. The community, I bet, would love the lift and would certainly not object to funding any insurance coverage costs (if any).

You'd have my vote all day long on this one.

If it were me, I'd install a wheelchair ramp in the pool. No mechanical issues, no lifeguard needed.

Kevin

You have taken the issue full circle back to liability. Not meant as a criticism but it most certainly has to be a consideration.

Going into an unattended pool is one issue. Using an association installed piece of equipment that fails is quite another liability no matter what release was signed.

There is always a scumbag lawyer looking for business.

Lets be honest. Everything is a liability issue to one degree or another.

I suspect that if you install a lift and inform your Insurance company about it that, unless the company drops coverage, your general liability insurance will cover any issue.

If your insurance company won't cover it, start shopping for new insurance now. Ask for a quote for general liability coverage and let them know that, in addition to what is currently on the property, there are plans to install a wheelchair lift for the pool. Then see what the quotes are.

It seems to me that you might want to consult an HOA attorney since liability seems to be a concern. There may be some federal regs that come into play?

I have seen a lift used a couple of times over 5 years in a neighboring high rise in their pool that I can see from my balcony. My understanding is that they keep it in a locked room and a staffer must retrieve it, set it up and assist the user. No lifeguard.