[WSBARP] Leasing private pool for swim lessons

Wed Mar 28 11:22:37 PDT 2018

Also, if the swimming pool is used for services to the public, it becomes a place of public accommodation and must meet all of the requirements of the ADA and State regulations regarding public pools.  While this might seem attractive on the surface, I highly doubt that it makes financial sense for the homeowners.

Jim

Jim Strichartz
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Fellow, College of Community Association Lawyers

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Wednesday, March 28, 2018 11:13 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Leasing private pool for swim lessons

My thoughts exactly. This can cancel or significantly increase insurance coverage. Keep in mind there can be issues regarding local ordinances, the requirement of having proper equipment, certification of the instructor etc.

This is a very high risk venture and at the end of the day the property owner is on the hook.

Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, March 28, 2018 10:40 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Leasing private pool for swim lessons

Marc, I would strongly urge them to discuss this with their insurance agent.  I suspect that "monetarizing" the pool makes it a commercial venture and may not even be covered under their current insurance policy.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of marc holmeslawgroup.com
Sent: Wednesday, March 28, 2018 10:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: kim holmeslawgroup.com <kim at holmeslawgroup.com<mailto:kim at holmeslawgroup.com>>
Subject: [WSBARP] Leasing private pool for swim lessons

I'm looking for a referral for some homeowners who have been approached by a person with a business teaching swim lessons who would like to use their pool to conduct said lessons over the summer.  They like the idea of monetizing a pool that gets little to no use during the week but aware of significant liability risk of letting people use a pool.  They'd like to engage an attorney to advise them on whether the risks can be mitigated and, if so, preparing an appropriate contract.

Marc Holmes
Holmes Law Group PLLC
2303 W. Commodore Way, # 306
Seattle WA 98199
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marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
Ofc: 206-357-4224
Cell: 206-849-0853

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