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App That Lets Homeowners Rent Their Swimming Pools Draws Backlash (msn.com) 152

Somewhere in Maryland, an app that lets homeowners rent their swimming pools "has sharply divided suburban residents of Montgomery County as the local government considers formally regulating the short-term amenity rentals," reports the Washington Post, "potentially becoming the first in the nation to do so." Neighbors have spied on neighbors, reporting unwanted outsiders flocking to their quiet residential streets. "Our entire block has been disturbed," Constance Kiggans, a Chevy Chase resident, said in written testimony to the Montgomery County Council. "It is, for all intents and purposes, like having a pool club on the street..." Unlike long-established home rental and ride sharing apps, newer apps that let people rent out their pools, home gyms and backyards have largely been unregulated across the United States so far. In fact, several jurisdictions, from the city of San Jose to towns across New Jersey to the state of Wisconsin, have tried over the past three years to ban the rentals or set up strict rules that require private pools to meet the same standards as a public pool...

Many homeowners are eager to earn easy money by renting out a backyard pool, despite a murky legal landscape that does not offer clear guidance on whether the rentals are legal or not...

Chief among the complaints detailed by pool sharing opponents is the noise... [36 residents who signed a letter of complaint] argued that the rentals turn quiet residential neighborhoods into bustling business districts, without the infrastructure to support commercial activity. They raised dozens of concerns, largely over the added nuisance of strangers pouring into their neighborhoods because of the apps, congested roads, scarce parking, and noise and safety. Their complaints have shut down at least one pool rental in the county.

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App That Lets Homeowners Rent Their Swimming Pools Draws Backlash

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  • by fahrbot-bot ( 874524 ) on Monday May 29, 2023 @12:42AM (#63558403)

    Many homeowners are eager to earn easy money by renting out a backyard pool, despite a murky legal landscape that does not offer clear guidance on whether the rentals are legal or not...

    Or what their liability would be should someone get hurt or die (or cause property damage) and/or what their homeowner's insurance would have to say about this type of thing.

    • by Joe_Dragon ( 2206452 ) on Monday May 29, 2023 @12:46AM (#63558411)

      the apps EULA makes them unable to sue anyone

      • by Opportunist ( 166417 ) on Monday May 29, 2023 @01:34AM (#63558463)

        Like that has ever kept anyone from trying.

      • by quantaman ( 517394 ) on Monday May 29, 2023 @01:56AM (#63558507)

        the apps EULA makes them unable to sue anyone

        EULAs can claim whatever they want.

        That doesn't mean those clauses will hold up in court.

      • by sg_oneill ( 159032 ) on Monday May 29, 2023 @03:19AM (#63558567)

        Meaningless. Eulas can make agreements, they cant make laws, and if the laws gives you a right to sue, particularly in the case of negligence or illegality, no agreement will invalidate that.

      • A EULA can't magically sign away all rights, especially when liability is involved due to what would be seen as negligence or failure to comply with regulations if the place was a commercial building. In fact the more generalised and wide reaching the EULA the more difficult it will be to enforce.

        You can write what you want in a EULA. Enforcing it is an entirely different matter.

      • the apps EULA makes them unable to sue anyone

        Yeah, you say that, but it is extremely difficult to sign away your liability. I would bet that the homeowner is still 100% liable. Whether the app service is also liable is also a question. Regardless of any EULA.

        Someone is going to trip and fall at the house, and then we'll see how this goes in court. I guarantee the homeowner will be embroiled in YEARS of expensive litigation. Because that's how long those cases run for. And I don't think the homeowner will prevail.

        First of all, there's no way their hom

    • Or, more importantly, who is liable when the renters pee in your pool?!

      • Re: (Score:3, Informative)

        by MacMann ( 7518492 )

        Or, more importantly, who is liable when the renters pee in your pool?!

        Exactly. I was thinking of the sanitation problem with renting out a pool since if people are going to be in any one place for what is expected to be hours then there needs to be toilet facilities and water suitable to drink. Unless the pool rental comes with access to the house for use of the toilets, or there is a separate outhouse, pool house, or which ever one might prefer to call it then there is a serious health problem in renting private pools. If there's no toilets then there will be people shitt

        • by cstacy ( 534252 )

          The fine article mentioned a case of a person renting out his pool to a neighbor

          That is also totally illegal, and it's just lucky there hasn't been a problem. Inviting your friends and neighbors to swim is one thing. The minute that you charge someone money, you're in the deep end.

          *It might not even have to be money. Any contractual exchange of value might be enough to get into trouble with insurance, health departments, etc. If it's not a definite contract, it might not be a problem. The thing is: in any event, it will all be sorted out in court. Court is a place you do not want to be

    • Definitely a wise decision to avoid that liability. This spells commercial use all over it. I suspect if your residential home owners insurance company knew they would likely cancel your policy. I would also expect a visit from bylaw enforcement checking for business permits etc, I know here in Canada there are strict regulations by local health authorities on public pools spas etc.
      • by scrib ( 1277042 ) on Monday May 29, 2023 @12:40PM (#63559161)

        The insurance company wouldn't cancel the policy. They'd keep collecting premiums and deny any claims.

        • The insurance company wouldn't cancel the policy. They'd keep collecting premiums and deny any claims.

          Better to cancel than to risk a sympathetic jury in a lawsuit

          • by cstacy ( 534252 )

            The insurance company wouldn't cancel the policy. They'd keep collecting premiums and deny any claims.

            Better to cancel than to risk a sympathetic jury in a lawsuit

            When Uber was fairly new, say 6 years ago, if you had a car accident and called your insurance company, the *very* *first* words out of their mouth were, "Has this vehicle EVER been used for ride-share." (Not, are you an Uber driver; Not, was this an Uber?" They clarified: has anyone at any time ever driven this vehicle for ride share.

            Because if you admitted that, or if they later figured it out, your policy was voided immediately. Not claim denied -- policy voided. Because your misrepresentation of the us

    • Your point seems inarguable, but somehow Uber continues to exist, with seemingly all the same problems.
      • Except Uber doesn't have most of the same problems. Insurance covers passengers, doesn't require a commercial business license, doesn't over use shared resources, and doesn't violate ordinances in most jurisdictions.

        It has problems but not at the same level.

        • by cstacy ( 534252 )

          Except Uber doesn't have most of the same problems. Insurance covers passengers, doesn't require a commercial business license, doesn't over use shared resources, and doesn't violate ordinances in most jurisdictions.

          It has problems but not at the same level.

          Originally, Uber was totally illegal. They continued to operate anyway, and bullied the local and State governments into changing the laws and regulations for them. There did not used to be "Transportation Network Companies"' (TNC), which is how Uber and its drivers are licensed and regulated now.

          But as you point out, Uber actually provides certain liability coverage for passengers, and I think for drivers, too. Whether it is actually sufficient is unclear. Some places require the drivers to also obtain com

  • Extremely Risky (Score:5, Insightful)

    by fonos ( 847221 ) on Monday May 29, 2023 @12:42AM (#63558407)

    Selling access to your pool to the public on an AirBNB-like website sounds incredibly risky to me. Especially if you don't have commercial liability insurance.

    A few people will lose their entire homes completely before they figure out this is a bad idea.

  • Do the movie "Caddyshack" solution to get people out of the pool with a candy bar. Worked in the 1980, and could work now.

    For the allusion... https://www.youtube.com/watch?... [youtube.com] "Everybody out of the pool!"

    Then local merchant could wonder why candy bar sales suddenly skyrocketed.

    JoshK.

  • Not in your back yard

    • >"Not in your back yard"

      Except it kinda is. Imagine your neighbor doing this. Now YOUR back yard is abut to a public pool with all the boom boxes, screaming people, possible drug use, smells from excess grill and smoking, alien cars parking everywhere, litter, etc, etc. You are immediately deprived of your peace and possibly safety and sanity. Not at all what you signed up for when you poured your whole financial world into being locked to a piece of land with a house on it.

      The kind of persons attrac

      • There is some very reasonable logic in zoning

        The reason used to be explicitly stated, but then the SCOTUS decided (Buchanan v. Warley 1917) that you couldn't be that blatant in your racism.
        Zoning still does essentially the same thing, it's just more stealthy about it.

  • ...when those who live near the track rent out their lawns for parking. Some even offer barbecue lunches for their customers, even though it probably violates certain food safety rules.

    • by lsllll ( 830002 )
      That is a very good point. Same with Wrigley Field for Cubs games and UM Ann Arbor's football stadium. I don't see anything wrong with that. Your property, you control it. This whole idea of "you're doing public business" just because you're using an app to connect you to people who are interested in something you have is ludicrous. What's next? I can't sell stuff on Facebook? Or I can't have my friends over for a BBQ and beer if I charge them a cover fee?
      • by gtall ( 79522 )

        That's all fine and dandy until something goes wrong and you get to spend a lot of time inside a courthouse explaining why you didn't cause whatever bad thing happened. So please, rent away, and keep your lawyer handy.

      • by vux984 ( 928602 )

        "Your property, you control it."

        In what universe? Can you open a nuclear plant on any piece of property you own? An oil refinery? a SuperMarket? A nightclub? Public gym? No. There's city planning, bylaws, licensing, zoning all controlling what you are permitted to do. You bought a house in a suburb that's zoned residential, you can't even open 7-11 on it without permission.

        So no, using your residential zoned property as a pay parking lot, or bar/restaurant, or public pool, is not your prerogative just becau

  • by 93 Escort Wagon ( 326346 ) on Monday May 29, 2023 @03:15AM (#63558557)

    Come rent my trampoline and self-service knife-juggling equipment!

  • by reanjr ( 588767 ) on Monday May 29, 2023 @05:31AM (#63558673) Homepage

    Wish everyone who bought a house they couldn't afford would just sell and get it over with. Stop trying to foist your neighborhood with the detritus of your financial and personal failures.

    • No, it's a business plan now.

      I couldn't find anywhere else to say because of airbnbs, so I had to stay in airbnbs when I first came to Humboldt, and one I stayed in was owned by a woman who had bought three other houses, which are ALSO airbnbs.

      People are literally buying homes specifically to turn them into illegal unlicensed hotels.

      airbnb is evil, and must be destroyed, and all its ilk with it.

    • Most people can't afford their homes. That is not why they try to generate extra cash though; they see opportunities for free income. I had a friend that rented out his home two months a year to pay the property taxes and cover the cost of a vacation. There were certain other tax benefits he could take advantage of as well.

    • Wish everyone who bought a house they couldn't afford would just sell and get it over with.

      This isn't people buying a house they couldn't afford. This is people seeing an opportunity to make money. It doesn't matter if you have a mortgage or not. When there's money to be made people will make that money.

  • In the grift based app economy it's the next logical step. You don't need a pool, just an app and pictures. All profit, no up front investment, no liability. Almost as good as crypto-currency, except it doesn't scale to billion of dollars.
  • by VeryFluffyBunny ( 5037285 ) on Monday May 29, 2023 @05:46AM (#63558689)
    They're pools open to the public. Don't they require a lifeguard & regular water testing? You know, so that people don't drown or get sick... ahem, ciyptosporidiosis among other nasty common waterborne diseases.
    • by lsllll ( 830002 )
      It's not public "per se". You can actually pick and choose whom you actually allow to rent your pool. To me that's a club. It's not like McDonalds where anybody can just walk in an demand to buy a burger.
  • Errrm, sorry but renting out my swimming pool to a bunch of randos is just not something that is ever going to happen.

    Look at some of the horror stories from AirB&B and tell me this won't be just as awful. I repeat: Ewwwww.

    Nope nope nope.

  • by haggie ( 957598 ) on Monday May 29, 2023 @11:35AM (#63559027)

    I have rented out pools several times. It is an excellent service. Both of the local pools I use are relatively secluded, so there are no issue with neighbors.

  • I've started a new app-based business based on my own experiences.

    "Rent My Ex-Wife" allows a person to rent another's ex-wife complete with insurance and no commitments, the complete EXE (Ex-Experience). That means you get:

    1) Uninterrupted nagging. "Did you mow the lawn yet?" "When are you buying me a new car?"
    2) Spending every dime you have while complaining you don't make enough. "We can't be broke, there's still checks in the checkbook?!?"
    3) Claiming that the guy she friended on Facebook is just a friend

  • by dcooper_db9 ( 1044858 ) on Monday May 29, 2023 @04:50PM (#63559707)

    Montgomery County is not a good place to test the waters. The county ordinances have this covered, fenced in, strapped down, and taped up.

    Some of the requirements for operating a public pool include:

    • Setback of 75 feet from residential property lines and 135 feet from any residential dwelling unit.
    • Defibrillator, tested and in working order at all times..
    • Licensed pool operator on duty at all times.
    • Licensed life guard on duty at all times..
    • An emergency phone that automatically dials 911..
    • Compliance with accessibility standards, including physical access to the pool for the disabled..
    • Any materials used to modify or maintain the pool must be approved by the county..
    • Facility must permit access to the pool by emergency vehicles..

    Montgomery County Zoning Ordinances [amlegal.com]

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