Remedy for Abandoned Pools

Government

• In areas where swimming pools are common, there are government regulations regarding their safety and upkeep. Enforcement usually falls to the local health department, which is a good place to start when notifying government agencies of an abandoned pool. Filing a complaint regarding an abandoned pool should trigger an inspection and citations intended to force the owner to maintain the pool. Many government agencies will also take some preventive action, such as killing mosquito larvae and repairing fences and then seek compensation for the work from the homeowner. Depending on the jurisdiction, however, this process may take time, and the pool will continue to present a danger in the meanwhile.

Home Owners Association

• In neighborhoods with a homeowners association, the association may have a policy or method in place for dealing with abandoned swimming pools. In many cases, the association will work with local government authorities to track down and cite the homeowner while in the meantime ensuring that the pool is safe and secure. It may also treat the pool to prevent mosquito infestations. Not every homeowners association will have a policy or the ability to address abandoned pools, but in neighborhoods filled with swimming pools, likely they will.

Bank

• A large number of abandoned pools are due to foreclosures. In these cases, the home is now owned by the bank, but the bank usually has no interest in securing the pool or may be limited by the law in what actions can be taken to improve a property. A well-written letter from an attorney pointing out the liability associated with an abandoned pool, however, may persuade bank officials to ensure the pool is secured and cleared of mosquito larvae. Paying an attorney to write the letter may be necessary, or a homeowners association may assist with the cost. Finding out whether the local city attorney can draft a form letter to be sent to banks who own foreclosed homes with pools may also we worth looking into.

Property Owner

• Although in most cases of an abandoned pool, the property owner is long gone, tracking the owner down and convincing him to secure the pool fence and provide mosquito control may be possible. If politely made aware of the liability issues they face, many property owners will take care of an abandoned pool. As with the bank, however, hiring an attorney to write a letter may be necessary.