[WSBARP] Leasing private pool for swim lessons

[Paul Neumiller]

I sympathize with your client and all persons/entities in the same boat.  It is a GREAT idea.  Heck, use the pool during off hours AND teach kids how to swim.  Brilliant.  But wait.  What about liability?  What about new regulations?  What about meeting codes?  What about insurance? What about ADA?  Modern society and reality have now destroyed a great idea.  So, the pool will sit vacant and a person who wants to teach swimming lessons will have to keep looking, maybe in another community.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of marc holmeslawgroup.com
Sent: Wednesday, March 28, 2018 1:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Leasing private pool for swim lessons

Thanks for all the input.  Insurance was my first thought after the initial "bad idea" reaction but wanted to see if there was an approach I wasn't aware of.


Marc Holmes
Holmes Law Group PLLC
2303 W. Commodore Way, # 306
Seattle WA 98199
HolmesLawGroup.com<https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fholmeslawgroup.com%2F&data=02%7C01%7C%7Ce5ceb9e226244fe3101108d594ef6f34%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636578678438432608&sdata=rqHoDQYtj%2BpURTNvXsIcbIvmXu6aazAEufpz7rlhjkc%3D&reserved=0>
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
Ofc: 206-357-4224
Cell: 206-849-0853

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 ron at housh.org<mailto:ron at housh.org>
Sent: Wednesday, March 28, 2018 11:25 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

Another word of caution:

Out of my area of expertise,  but the pool owned by private association may become a public facility for purposes of disability related accommodations required at the pool if the pool is open for public rental...not sure


I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY

Ronald G. Housh, P.S.
Attorney at Law

Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone:   206-381-1341
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Mount Vernon Office:
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Mount Vernon, WA 98274
Phone:  206-235-2459
Email:   ron at housh.org<mailto:ron at housh.org>

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 nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Wednesday, March 28, 2018 11:13 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

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
Florida Civil-Law (International) Notary

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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
HolmesLawGroup.com<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fholmeslawgroup.com%2F&data=02%7C01%7C%7C44c547306b4c4879e18408d594d0549c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636578544845591472&sdata=F%2BNdRPE3vcMK6bMvWw93kzliOzsCFyFvwT8hmwiNO5U%3D&reserved=0>
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
Ofc: 206-357-4224
Cell: 206-849-0853

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