Posted by
Hoa
19 yrs ago
Our swimming pool is only open at the week ends and only about two months a year, which is really difficult for us having small children. Our landlord refuses to let the tenants use it on other days as he is too stingy to pay for a life guard. Does anyone have an idea of where we can complain about the landlord and get him to let us use it whenever we want - we are quite happy to use it without a life guard, at our own risk. We did not know about this situation when we signed the lease (which was in the winter).
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what's the name of the building?
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I don't think you could ever truly make it "at your own risk". Even if you signed something to that effect, the first thing anyone would do if their kid drowned would be to sue. The landlord would then produce the waiver of liability you signed, whereupon you would say it was invalid because he had left you with no realistic option other than to sign it and that you were therefore effectively coerced into signing it.
And if another tenant (or one of your kids' friends) comes to use the pool when you're using it "at your own risk" and he drowns, who should his estate sue? You, because you let him in? Or the landlord, for opening the pool with no lifeguard? Very messy.
If your rental agreement says he agrees to provide use of the pool and he has failed to do that, you can obviously sue for breach of contract(if all else fails). But better try to negotiate a compromise, such as you paying for a lifeguard - or training as a lifeguard?
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This rule of life guards is an absolute idiotic ruling. Most of the life guards I have seen in private pools are useless, spend their days sun baking and chatting.
When their are life guards some parents tend to let some of their supervision down, and children have drowned.
We live in Sai Kung near 2 complexes that have pools - maybe illegal but they are never supervised by a life guard - and never have been in thw 10 years we have lived here. Moving to another one where they too do not employ a lifeguard. parents look after their kids and children uner 12 must be supervised by an adult.
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Hoa
19 yrs ago
Our building does not have a name - the address is 2, Old Peak Road. The contract says that they can open and close facilities at their convenience, unfortunately. I agree lifeguards are completely useless - they never seem to watch the children, usually they sleep or read.
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