Swimply and the HOA

Admin

INFORMATIONAL PURPOSES ONLY: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; this Firm does not recommend or endorse the contents of the third-party sites.

Oh man…I read an article over the weekend regarding homeowners who rent their pools out on an app called Swimply. What?!?! This app became popular during the pandemic. Maybe I am just a little too introverted, but I cannot imagine letting people use my home pool (I don’t have one, but still). Especially people I don’t know. My husband cleans pools for a living, and I get an earful after a weekend of pool parties. Cleaning pools after those types of events is hard work. 


But, what does this mean for the HOA? What kind of liability is the HOA responsible for? The app requires that users and homeowners sign up for insurance and sign waivers. But, in Texas, waivers may not apply to gross negligence. Does the waiver apply to the HOA? Waivers also may not apply to minors. Can an adult sign a waiver on behalf of a minor? These issues have been raised on waivers at HOA pools. If the HOA restricts against renting home amenities and they don’t restrict the behavior, can the HOA be responsible if someone was to get hurt? I don’t think anyone knows that answers to these questions yet. Every time I say that certain fact situations are not likely to happen…BAM! I see a story with the same “unlikely” fact situation and the parties are in a dispute. 


I think the most concerning issue is, what if homeowners start renting out the HOA pool. The app does not allow renting public pools. But, HOA pools are considered private. What if the HOA does not know that the HOA pools is being rented?


Another issue, should HOAs restrict homeowners from renting their home amenities? Where should we cross the line? Anytime we have renting (short term or other types), the neighborhood sees more traffic, more nuisance behavior, and more parties. I also read an article that Airbnb is restricting party rentals (renting for just one night or one day) indefinitely. But, can they really deter that?? We have many more questions than answers. I see a lot more people reaching out to the legislature this coming legislative session. 

Share this article

Recent Posts

By Admin December 1, 2025
It is time to put up holiday decorations!! I love this time of year! The week of Christmas, my family and I go out and look at all of the holiday decorations and lights. But, what about the HOA? Some HOAs, that have the budget for decorations, might put up lights and bows in the HOA common area. Most HOAs hire someone to put and take down décor. I am sure a lot of people wish they could hire someone for their own personal decorations. No one wants to get that dreaded letter from the HOA stating that they need to take down decorations. No HOA wants to be considered a scrooge at the holidays either. I read an article from 2019 where a Texas HOA asked a couple to take down their holiday decorations because they were installed too early. The mother was pregnant with their third child and they needed to put the decorations up early because she was due to have her baby a month later. Oops! I think that whole situation could have been avoided if both parties communicated with each other. Here are some tips regarding how to avoid those uncomfortable situations. Draft guidelines if the declarations allow for it. In those guidelines, the HOA can set a timeline for when decorations can be put up and when they need to be taken down (be reasonable!). The guidelines can also address any nuisance concerns (such as lights and other noisy or distracting decorations that can cause issues). Don’t limit the types of decorations or the subject matter. Limiting some colors or certain types of decorations used in specific religions or cultures can actually open the Association to liability. Using specific identifying words in any guidelines can alienate homeowners. The Association should air on the side of caution when prohibiting decorations and the wording should be broad enough to include everyone. Lastly, communicate with each other! If there are decorations that are causing issues, talk to neighbors about it. If you want to install decorations before the guideline dates, call the HOA or management company. Give them the reason why early installation is needed. The point is to be inclusive and keep the Association safe and happy. I hope everyone is safe and happy during the holidays! 
By Admin December 1, 2025