Friedlander, J.
Secrena D. Erwin (Mother), individually and as mother of Sheyenne R. Jenkins, deceased, appeals the trial court’s grant of summary judgment in favor of HSBC Mortgage Services, Inc. (HSBC), Ian’s Point Homeowners Association, Inc. (the HOA), and R & G Management Co., Inc., d/b/a Community Association Services of Indiana (CASI) (collectively, Defendants) in the child wrongful death action she filed against Defendants following the tragic drowning death of five-year-old Sheyenne. Mother presents the following restated issues for review:
1. Did the trial court properly grant summary judgment in favor of HSBC?
2. Did the trial court properly grant summary judgment in favor of the HOA and CASI?
We affirm. [Footnote omitted.]
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At the time of Sheyenne’s tragic drowning, HSBC had not initiated foreclosure proceedings nor exerted any other type of control over the property. Despite futile attempts by Avedon to place responsibility for caring for the property and pool on HSBC, Avedon remained the possessor of the property at all relevant times. While we understand Mother’s displeasure with the limbo in which untold numbers of vacant properties find themselves, the legislature is the place to assert her public policy arguments. On the current state of the law, a phone call such as Avedon’s does not automatically transform the mortgagee into the possessor of the property. Rather, the alleged subsequent possessor must take some action to occupy the land with intent to control it. See Risk v. Shilling, 569 N.E.2d 646. See also Jackson v. Scheible, 902 N.E.2d at 810 (“possession is an issue common to all premises liability cases …. A theme throughout our premises liability cases is that liability arises from actual control over the condition causing the injury”). Further, actions taken by a vendor/mortgagee to protect its financial investment, such as paying taxes and securing insurance, generally do not establish control over the property rising to the level of a possessor of the property. See Jackson v. Scheible, 902 N.E.2d 807.
In the instant case, the trial court properly determined as a matter of law that HSBC was not a possessor of the property and, therefore, owed no duty to protect Sheyenne from a dangerous condition on the property. Accordingly, the trial court correctly granted summary judgment in favor of HSBC.
2.
Mother also challenges the grant of summary judgment in favor of the HOA and CASI. She claims the HOA and CASI’s duty to Sheyenne arose from the Declaration of Covenants, Conditions and Restrictions of Ian’s Pointe (the Declaration). Mother claims further that CASI gratuitously assumed a duty to take care of the dangerous condition of the pool. We will address each contention in turn.
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In summary, Mother provides no support for her assertion that the HOA or its agent, CASI, had a duty arising from the Declaration “to protect Sheyenne.” Appellant’s Brief at 33. Moreover, to the extent Mother argues in her reply brief that a duty arose under the management agreement between CASI and the HOA, we find the argument waived. See Monroe Guar. Ins. Co. v. Magwerks Corp., 829 N.E.2d 968, 977 (Ind. 2005) (“[t]he law is well settled that grounds for error may only be framed in an appellant’s brief and if addressed for the first time in the reply brief, they are waived”).
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In the instant case, Mother has failed to designate evidence that CASI took affirmative steps to remedy the condition of the pool. She simply directs us to an ambiguous statement by CASI that the issue regarding the pool would be “taken care of”. Even if we were to take the leap with Mother and infer that this was an assurance that CASI would go onto the property and secure the pool, the fact is that CASI did not act upon this promise in any way. Thus, contrary to Mother’s assertions on appeal, her allegations amount to a claim of nonfeasance by CASI, requiring a showing of detrimental reliance or increased risk of harm. Mother makes no claim that CASI increased the risk of harm, and she directs us to no evidence that Mother, Sheyenne, or the Jenkinses detrimentally relied on CASI’s promise to another neighbor. [Footnote omitted.] In fact, there is no indication in the record that they were even aware of the conversation prior to the drowning. The trial court correctly determined as a matter of law that this is not a case of gratuitous assumption of duty.
The trial court properly granted summary judgment in favor of Defendants based upon lack of duty. Because we have affirmed the grant of summary judgment on this ground, we need not reach the attractive nuisance issue addressed by the parties.
Judgment affirmed.
BROWN, J., and PYLE, J., concur.