💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

LarryD13 (Texas)
Posts: 25
Posted:

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 (Tennessee)
Posts: 21,059
Posted:
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: 2,046
Posted:
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: 6,964
Posted:
And check with your association insurance carrier too - it may be able to give additional tips on reducing liability

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:

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: 1,273
Posted:
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.

🎯 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