ReneeH5 (Texas)
Posts: 38
Posts: 38
Posted:
Can an HOA board/management deny a pool key based on a refusal to sign a COVID waiver for a homeowner?
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Pool access denial
Started by ReneeH5 • 7 replies • 655 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
That is a legal question for a lawyer. However, it is their property and their rules. So they are trying to protect every member as they should. Why would you not sign such a form? Because it exists?
Former HOA President
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
Unless your governing documents state otherwise, the board generally has control over common elements. So, I think that would fall within their authority.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I agree that this is likely to be within the HOA's scope of authority. Not only that, it's smart. Because as sure as the sun rises each day, somebody will get sick and will sue the association. And guess who gets to pay the cost of litigation? You do, Mr. and Ms. Homeowner.
It's very common for organizations to include liability waivers in their agreements if there is any risk that users of their facilities may be injured or worse. A neighboring HOA has always included the waiver for all users of their pool and club, and that was pre-covid - you signed the agreement or you didn't swim, and people didn't bat an eye. Your HOA should have been doing this all along. But covid seems to have dropped the collective IQ of the human race...
It's very common for organizations to include liability waivers in their agreements if there is any risk that users of their facilities may be injured or worse. A neighboring HOA has always included the waiver for all users of their pool and club, and that was pre-covid - you signed the agreement or you didn't swim, and people didn't bat an eye. Your HOA should have been doing this all along. But covid seems to have dropped the collective IQ of the human race...
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By CathyA3 on 04/10/2021 5:07 AM
I agree that this is likely to be within the HOA's scope of authority. Not only that, it's smart. Because as sure as the sun rises each day, somebody will get sick and will sue the association. And guess who gets to pay the cost of litigation? You do, Mr. and Ms. Homeowner.
It's very common for organizations to include liability waivers in their agreements if there is any risk that users of their facilities may be injured or worse. A neighboring HOA has always included the waiver for all users of their pool and club, and that was pre-covid - you signed the agreement or you didn't swim, and people didn't bat an eye. Your HOA should have been doing this all along. But covid seems to have dropped the collective IQ of the human race...
I agree that this is likely to be within the HOA's scope of authority. Not only that, it's smart. Because as sure as the sun rises each day, somebody will get sick and will sue the association. And guess who gets to pay the cost of litigation? You do, Mr. and Ms. Homeowner.
It's very common for organizations to include liability waivers in their agreements if there is any risk that users of their facilities may be injured or worse. A neighboring HOA has always included the waiver for all users of their pool and club, and that was pre-covid - you signed the agreement or you didn't swim, and people didn't bat an eye. Your HOA should have been doing this all along. But covid seems to have dropped the collective IQ of the human race...
I agree. Such a waiver might not hold up in court but anyone not willing to sign such should not be let near the pool.
ReneeH5 (Texas)
Posts: 38
Posts: 38
Posted:
The problem is that they shut off EVERY card without notice and have stated that you cannot use the pool without signing the waiver. In texas do you not have to give the 209 notice for this??
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By ReneeH5 on 04/10/2021 8:36 AM
The problem is that they shut off EVERY card without notice and have stated that you cannot use the pool without signing the waiver. In texas do you not have to give the 209 notice for this??
The problem is that they shut off EVERY card without notice and have stated that you cannot use the pool without signing the waiver. In texas do you not have to give the 209 notice for this??
You would have spent less time signing the waiver than you have creating this post. Sign the waiver.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Covid or no Covid, signing a waiver can also indicates that you understand and will comply with the code of conduct and rules and regulations.
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