LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Safety in apartments.

(Querist) 27 May 2013 This query is : Resolved 
Dear Sir
In our apartment we have a swimming pool and for the past few years it was not filled because there was no fencing around the pool,this year they have filled it with a warning to all owners and tenets stating if any untoward incident happens in the pool, like kids drowning or any other mishap the Apartment Committee or its members are not responsible.
I would like to know if any such incident happens will the Association Committee Members be held responsible for it?.
What is the exact clause that determine that such incidents are not part of Committees responsibility?
Please provide clarification.
Regards
John.
Devajyoti Barman (Expert) 27 May 2013
One can not maintain dangerous premises ina complex. The swimming pool is not otherwise considered to be dangerous if you fix proper signage about the depth of the pool and a guard, if possible.
John Philip (Querist) 28 May 2013
Thank you Sir for the reply, few more points to clarify, We have the board specifying the depth of the pool but we don’t have a guard, in spite of these measures if there is a unwanted incident will the Managing committee members be held responsible by the law?
What is the proper procedure to communicate these kind of risks to the residents of the apartment?
V R SHROFF (Expert) 28 May 2013
Issue notice, to all members and display near sp entrance, whoever want to use Swimming pool, must use at their own risk, and must keep a Guard for them at their copt, during their swimming. Mgm is not responsible for any accident. Otherwise do not use sp
ajay sethi (Expert) 28 May 2013
it is the duty of Managing committee to take sufficent safeguards to protect the life of members. if you had the swimming pool filled in the committee ought to employ a life gaurd , fix timings for swimming etc . Committee cant wash of hits hands from the responsibility
Raj Kumar Makkad (Expert) 28 May 2013
No more to add in the given replies.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :