Yes, the HOA may be liable. I had a case where the Plaintiff was drunk, dove into the pool at the shallow end, and broke his neck. Now a quadrapalegic, he sued the HOA for negligence for not clearly marking the shallow end and failure to post " No Diving " signs. The HOA settled the case.
I am not your lawyer, and I am giving you this information to help you find a lawyer. Do not rely on this information. Consult a lawyer.