ReneeH5 (Texas)
Posts: 38
Posts: 38
Posted:
Is it legal to require a homeowner to sign a waiver in order to get a pool key? It’s a use at your own risk pool and there is nothing in the docs that require this.
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Pool keys and access
Started by ReneeH5 • 7 replies • 690 views
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AugustinD
Posts: 3,698
Posts: 3,698
Posted:
Quote:
Posted By ReneeH5 on 04/09/2021 6:46 AM
Is it legal to require a homeowner to sign a waiver in order to get a pool key? It’s a use at your own risk pool and there is nothing in the docs that require this.
Is it legal to require a homeowner to sign a waiver in order to get a pool key? It’s a use at your own risk pool and there is nothing in the docs that require this.
-- In my experience, these waivers have little legal value.
-- I do not think this is worth fighting over. I would sign it and be done.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Augustin said.
It's impossible for everything to be covered in the documents because time, people and did instances change. There's probably something in your documents that does allow the board to enact additional policies and procedures to flesh out the document, but not attempt to supersede them.
When our community had a pool, we required homeowners to sign a statement agreeing they and their guests would comply with the pool use rules and we also had a swim at your own risk pool. We had no trouble getting signatures as they had to be submitted before We'd issue the permits.
It's impossible for everything to be covered in the documents because time, people and did instances change. There's probably something in your documents that does allow the board to enact additional policies and procedures to flesh out the document, but not attempt to supersede them.
When our community had a pool, we required homeowners to sign a statement agreeing they and their guests would comply with the pool use rules and we also had a swim at your own risk pool. We had no trouble getting signatures as they had to be submitted before We'd issue the permits.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posts: 1,459
Posted:
Renee,
We did this last year and had our HOA attorney review the language that was used. We are a 1400+ SFH community and we did not have anyone publicly have an issue signing it. We also limited capacity to 50% during last season. This year we plan on the same capacity issues until the Local Cities changes restrictions.
It was put in place to try and protect the Association from legal fights. We only allowed Residence owners and renters to access the Pool. We also had a Monitor at our entrance. Who knows if this would have done it's intended purpose if a suit was filed.
We did this last year and had our HOA attorney review the language that was used. We are a 1400+ SFH community and we did not have anyone publicly have an issue signing it. We also limited capacity to 50% during last season. This year we plan on the same capacity issues until the Local Cities changes restrictions.
It was put in place to try and protect the Association from legal fights. We only allowed Residence owners and renters to access the Pool. We also had a Monitor at our entrance. Who knows if this would have done it's intended purpose if a suit was filed.
BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
The governing docs for the community I manage list denial of access to amenities as one of the board's options if a homeowner breaks a rule. Last year the rule was that you had to sign a waiver to use the pool. So for us, yes. Documents can't address every possible scenario, sometimes you have to extrapolate.
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
It's a common area amenity so I think the board has the authority to require the waiver, unless your covenants say something different. In most HOAs the board also has the authority to change the rules for common areas so they could simply change the rules.
Whether they write it into the rules for the pool or just vote at a meeting to require a waiver, I think they have the authority to do so.
Whether they write it into the rules for the pool or just vote at a meeting to require a waiver, I think they have the authority to do so.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I noted in the other thread that neighboring HOAs have had such waiver agreements pre-covid - you either signed the waiver or you didn't swim.
It's very common for organizations to require such waivers if there is a chance a user of their facilities may get hurt (the ice rinks where I skated included the phrase "up to and including death" in their verbiage). It's all about informed consent. If your kid or you played sports, I bet you signed such an agreement.
I assume the agreements are not totally worthless as far as protecting an organization, but they do need to be backstopped by insurance and whatnot. And I think it makes a difference depending on the individual circumstances. If someone is hurt because of normal risks involved in an activity, that's one thing. But if someone is hurt due to conditions arising from poor maintenance or negligence on the part of the owner of the facility, a waiver of liability may not be effective.
I also noted that prior to now, people didn't bat an eye about these agreements.
It's very common for organizations to require such waivers if there is a chance a user of their facilities may get hurt (the ice rinks where I skated included the phrase "up to and including death" in their verbiage). It's all about informed consent. If your kid or you played sports, I bet you signed such an agreement.
I assume the agreements are not totally worthless as far as protecting an organization, but they do need to be backstopped by insurance and whatnot. And I think it makes a difference depending on the individual circumstances. If someone is hurt because of normal risks involved in an activity, that's one thing. But if someone is hurt due to conditions arising from poor maintenance or negligence on the part of the owner of the facility, a waiver of liability may not be effective.
I also noted that prior to now, people didn't bat an eye about these agreements.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
This form could not only be a waiver, but an acknowledgment that you understand and will comply with the code of conduct to use the aquatic facility.
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