HOA liability to a rental tenant

Friends,I have a question. Am I legally responsible for my tenants medical bills and/or personal damages of pain and suffering due to My HOA Mngmnt company. My tenant had allergic reaction from a build up of algae in community Jacuzzi due to lack of daily cleaning and chemical testing.I definitely can attest that pool/Jacuzzi were not cleaned and proper chemical testing/chemical input were not being properly performed, for I myself have complained to HOA/mngmnt company that has on-site office. My tenant wants to sue me. I can't get a direct answer from our mnmgmt officials. I think they are protecting their best interests because pool company also part of mngmnt Mother company. I've owned My Condo since 2005 and never come across a tenant wanting to sue me due to negligence of HOA mngmnt company/or Pool company. I really need some advice. I'm all ears and I Thank You for your advice.

Swimming pools, hot tubs and jacuzzis are regulated by the Florida Dept. of Health. Did the tenants file any complaints with the health department? No? Tant pis.

From my experience, county health department officials are pretty quick to order a pool closed when there's reasonable cause that pool safety or water quality could be responsible for health problems.

As a rental owner, I would first simply say, in response to threats of a lawsuit to take it up with the HOA management company.

Wait and see what happens - bringing suit takes money - perhaps your tenant is shopping for lower rent, or shopping for an attorney.

An attorney is likely going to evaluate who/what organization has responsibility and money - I suspect an attorney would sue the MC, the HOA and you, just to cover their bases. There are always attorneys willing to take cases like this.

Time may be your friend - so, slow roll, notify your insurance company, let the HOA and MC know they should notify their insurance company ...

Let us know what happens, please ... we can always learn for these sorts of scenarios.

OP,

tough love:

if you are renting out property you are in fact a LANDLORD

as a landlord you 'should' have COMMERCIAL insurance

as a landlord you 'should' be reporting income to IRS

as a landlord YOU are responsible for any 'rented amenities'

you may, or may not, have recourse against YOUR HOA,
but, that is NOT your tenant's problem

YOU rented out use of a hot tub

YOU are responsible (to the tenant) for condition of same

you operate a commercial enterprise, you pay the price

EVERYTHING I WROTE IS, IN FACT, ACCURATE

? 'Wanna wager some $$$$$ ?

We can meet in Vegas if you wish to wager $5000+ .

Income is in fact income and must be reported.

Typical HO insurance will NOT cover paying tenants.

A tenant has no relationship with the HOA unless specifically 'outlined' within the lease AND AGREED BY THE HOA (probably would require a membership vote).

[? some jurisdictions have authority ?]

? anything else ?

Since the tenant has no relation or contract with the management company, it may be that he needs to sue the landlord.

But the landlord had a defense and might find it necessary to sue the association. Or contact his insurance company, and let his insurance company deal with it.

By the way, the tenant alleges that he had an allergic reaction and alleges that it was due to algae. This would have to be proved. And any blame would partly be allocated to the tenant, if the pool was not properly treated, he knew about it, and used it anyway.