What liabiltiy attaches regarding the authorization ofin-ground swimming pools in violation ofsubvivision covenants?

The subdivision covenant requires shall be in excess of 3/4 acres before an in-ground pool can be installed- the covenant has no discretion. The Architectural Control Committee (ACC) violated this CCR several times in the past, and has issued approval letters to lot owners whose property size did not meet the CCR requirements. If there would be an injury/death at one of these non-the conforming pools is there a basis in the law for legal liability against the Association or the ACC members who violated the CCR? Would lot owner with the non-conforming pool also face liability for injury, etc?

Asked on November 3, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the architectural committe for the homeowner's association where you reside allows construction of in ground swimming pools in violation of the recorded covenants, conditions & restrictions and a person gets injured or dies as a result, the only liability that I foresee would possibly be to the homeowner if he or she was not careful in overseeing the use of the swimming pool from what you have written.

To hold someone else liable for the injury or death, the plaintiff would have to prove that some third party caused the problem that led to the injury or death. The size of the parcel does not seem to be an issue as to proper construction of a pool that you write about.


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