To swim or not to swim? To rent or not to rent? Those are the questions. I was recently interviewed on CTV’s Your Morning to discuss this very issue. It seems that the home Internet rental phenomenon has expanded to include not only homes but also just swimming pools – to groups, for everything from swim lessons to massive parties. This can upset neighbours and cause them to complain; police usually don’t like such calls; municipalities often take long to enforce noise complaints, and on and on.
What are the issues and how can they be rectified?
If you decide to rent your pool, you are stepping into a commercial transaction, and in so doing you may place yourself in a situation – from a minor inconvenience to putting your family and everything you own at risk. Here are a few examples of why this may not be a good idea.
Let’s start with the most minor issue. Your home is probably zoned residential, and in carrying out a commercial activity therein, you may be violating the local municipal zoning bylaw, and you could be sanctioned by fine.
Next, the renters could make excessive noise and mess, and aggravate your neighbors, resulting in bad feelings and complaints to the bylaw enforcement department or the police. Even worse, you could face a lawsuit that could include an injunction application and a suit for damages for interference with your neighbors’ quiet enjoyment of their homes. A number of neighbors could take this action together – making it more affordable for them – and defending it could cost you a fortune.
Then there’s the question of liability. “Does your home insurance cover you if you rent the pool, without advising your insurer of the change of risk?” This includes many factors, such as: Whether you’re protected against property damage by the renters; if a renter is critically injured or dies (you could be sued and have no coverage, or you could be sued for more than your coverage); or police raid your house, and charge you for any illicit activities you may be involved in.
As you can see, there are significant risks in participating in these programs, and you need to determine if it’s worthwhile for you.
If your neighbour is the one renting their pool and you’re the one being aggravated, what is your recourse? The first step should be to try to address the issue with the owners directly. Failing that, you can call the municipality, and encourage other neighbours to do the same. If the disturbance is occurring late at night, your best course of action is to call the police. Record everything so there is evidence. If necessary, get your neighbors together and hire a litigator, since a larger group of complainants carries more weight. Generally, most people don’t want such issues, and once spoken to politely, they may cease the offending practices.
Finally, how do we fix this, long term? The answer is in the hands of the provincial government, through legislation called the Ontario Health Protection and Promotion Act, and the regulations thereunder. This Act controls all commercial pools in the province and dictates everything from water quality to lifeguards and more. If the government simply added private pools that are rented to the list of pools covered, everything would change.
Renting your pool can be quite expensive, when comparing the small financial return to the serious potential risks. Enjoy your pool and swim away, but remember your rights extend only to the boundaries of your property.