[WSBARP] Leasing private pool for swim lessons

Wed Mar 28 16:58:23 PDT 2018

 damn lawyers, anyway!  :-)

> On Mar 28, 2018, at 4:24 PM, ron at housh.org wrote:
> 
> 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.
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> 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…….
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> 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:    ron at housh.org <mailto:ron at housh.org>
>  
> Mount Vernon Office:
> 21411 Bluejay Place
> 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 <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
>  
> ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
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> P Please consider the environment before printing this e-mail.
>  
> 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 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.  
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> <image001.jpg> <>
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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 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
> 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
> Fax:        206-464-0461
> Email:    ron at housh.org <mailto:ron at housh.org>
>  
> Mount Vernon Office:
> 21411 Bluejay Place
> 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
>  
> ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
>  
> P Please consider the environment before printing this e-mail.
>  
> 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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> <image001.jpg> <>
>  
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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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