[WSBARP] Leasing private pool for swim lessons
ron at housh.org
ron at housh.org
Wed Mar 28 16:24:26 PDT 2018
I often tell the story that where I grew up the town would open the hydrants
in the winter, freeze a large area of a park for a very large skating rink.
Huge gathering place for families, kids of all ages...mornings, afternoons
and evenings. Periodic organized races with ribbons to the winners in
different age groups. I skated there from probably age 4 into and during
college Winter breaks.
Ahhh - then an accident - a lawsuit - insurance issues - skating "rink"
regulations - etc.
Game over.
No more flooding of the park. No more free skating. No more kid, family,
teenage, etc. winter outside gatherings at the park. The joy.. Guess it was
a shame every tree and fire hydrant were not covered with padding; every
crack in the ice was not dyed red or blue to warn skaters of the not so
hidden dangers; guards were not on duty 24-7 to prevent high risk games of
crack the whip...
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
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of nestor at pplsweb.com
Sent: Wednesday, March 28, 2018 4:05 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Leasing private pool for swim lessons
Heck, kids can no longer have a lemonade stand without code enforcement and
the health department breathing down their backs.
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
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Paul Neumiller
Sent: Wednesday, March 28, 2018 3:17 PM
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
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.
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 1:58 PM
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
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
<https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fholmeslawg
roup.com%2F&data=02%7C01%7C%7Ce5ceb9e226244fe3101108d594ef6f34%7C84df9e7fe9f
640afb435aaaaaaaaaaaa%7C1%7C0%7C636578678438432608&sdata=rqHoDQYtj%2BpURTNvX
sIcbIvmXu6aazAEufpz7rlhjkc%3D&reserved=0> HolmesLawGroup.com
<mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com
Ofc: 206-357-4224
Cell: 206-849-0853
From: wsbarp-bounces at lists.wsbarppt.com
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<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
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> 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
ATTENTION - This e-mail message and any attachment to this e-mail message
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<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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<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
<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fholmeslawg
roup.com%2F&data=02%7C01%7C%7C44c547306b4c4879e18408d594d0549c%7C84df9e7fe9f
640afb435aaaaaaaaaaaa%7C1%7C0%7C636578544845591472&sdata=F%2BNdRPE3vcMK6bMvW
w93kzliOzsCFyFvwT8hmwiNO5U%3D&reserved=0> HolmesLawGroup.com
<mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com
Ofc: 206-357-4224
Cell: 206-849-0853
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