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Oh man…I read
an article over the weekend regarding homeowners who rent their pools out on an
app called Swimply. What?!?! This app became popular during the
pandemic. Maybe I am just a little too
introverted, but I cannot imagine letting people use my home pool (I don’t have
one, but still). Especially people I don’t know. My husband cleans pools for a living, and I
get an earful after a weekend of pool parties.
Cleaning pools after those types of events is hard work.
But, what does
this mean for the HOA? What kind of
liability is the HOA responsible for?
The app requires that users and homeowners sign up for insurance and
sign waivers. But, in Texas, waivers may
not apply to gross negligence. Does the
waiver apply to the HOA? Waivers also may
not apply to minors. Can an adult sign a
waiver on behalf of a minor? These
issues have been raised on waivers at HOA pools. If the HOA restricts against renting home
amenities and they don’t restrict the behavior, can the HOA be responsible if
someone was to get hurt? I don’t think
anyone knows that answers to these questions yet. Every time I say that certain fact situations
are not likely to happen…BAM! I see a
story with the same “unlikely” fact situation and the parties are in a
dispute.
I think the most concerning issue is, what if homeowners start renting out the HOA pool. The app does not allow renting public pools. But, HOA pools are considered private. What if the HOA does not know that the HOA pools is being rented?
Another issue,
should HOAs restrict homeowners from renting their home amenities? Where should we cross the line? Anytime we have renting (short term or other
types), the neighborhood sees more traffic, more nuisance behavior, and more
parties. I also read an article that
Airbnb is restricting party rentals (renting for just one night or one day)
indefinitely. But, can they really deter
that?? We have many more questions than
answers. I see a lot more people
reaching out to the legislature this coming legislative session.