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Who would be responsible for maintenance for a pool in a subdivision in which there is no home owners association?


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2010-05-13 21:15:07
2010-05-13 21:15:07

The first question is: where is the pool? Who owns the property where the pool is located?

If the subdivision is made up of individual owners, then the owner on whose property the pool exists is responsible for its maintenance.

As well, it could be a public pool maintained by the local parks department.

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Given that your subdivision is a home owners association, read your governing documents -- the land-use documents, usually CC&Rs -- to determine what elements of your subdivision are designated as common areas. Examples can be roadways, greenbelts, golf courses, swimming pools, club houses, tennis courts, walking trails, detention and retention ponds, and so forth. Generally, if there is no home owners association, then there are no common areas.

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Read your governing documents to determine who owns the outside of the condominium. Typically, the 'outside' is owned by the association, and of which you share ownership with all other owners. Ownership determines maintenance.

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Read your governing documents to determine the answer.Often, limited common areas -- such as enclosed, attached garages in a townhouse -- are intended for the exclusive use of some but not all owners. This means that owners and boards must come to some agreement about upkeep.Without this dialog, the association probably pays for maintenance and upkeep, which an owner may make unnecessary. An owner may be responsible for keeping the area in a 'neat, tidy and clean' condition -- there is no standard for this language.Major maintenance however, may be the exclusive responsibility of the association.

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Read your public offering statement and governing documents to determine when owners begin paying association assessments. As well, understand the developer's responsibilities to pay assessments -- once they become due -- on undeveloped and unsold properties.

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I don't see any need for liability insurance in the case you described. In cases where you have a homeowners association or a condo owners association and they own common property such as a swimming pool, parks, roofs, sidewalks, etc. then they would have a need for both property and liability insurnance to cover these areas. This is what you dues are in place to pay for as well as maintenance.


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