Decommissioning Pool area

Started by PeterW2 • 7 replies • 1947 views

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PeterW2 (California)
Posts: 4

Posted:

Does anyone know about the requirements and the laws regarding decommissioning a pool / jacuzzi area in a HOA? Which would be the necessary quorum 50%, 75% or 100%? I'm on the board fighting to keep the pool as it is a value to each single home in the association. (about 80 homes, pool and spa expenses about 14% of the homeowner dues which are $155.-). Any suggestions? Thanks a lot for your time!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peter,

Individual documents will state what the requirements are to alter or remove what is called an amenity of the association. Normally it would be a vote of 100% to dissolve or remove such an amenity as a pool. You will need to search your documents. These amenities are sold to prospective buyers and the arguement will always be..."That is why I bought my home here, is for the pool" Pools usually are selling features so removal of it might not be the wisest move on the HOA's part.

PeterW2 (California)
Posts: 4

Posted:

Hello Donna!
Thanks a lot for your contribution - I really appreciate that!
I saw your name more often in the formuns. Please allow to ask you about your profession. You are a realter, an appraiser or a law person? I mean if something like this is the case your comment would get another rate.
B.T.W.: your comments are pretty good and in my opinion neutral - great! Thanks!
Peter

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peter,

No, I am none of the above. A retired Salon owner with experience in many employees, now retired and a Master Gardener.

I owned several rental units in Florida, wrote new documents for my own HOA, and served on my board for a few years so I had lots of experience with different types of HOAs, including condos, side by side villas and stand alone homes.

I tend to use my experience and common sense rather than be a legal analyst in my replies. I am not always right and I appreciate when someone shows me the right way or another opinion that may be differents and right. (thanks Glen)

RobW (California)
Posts: 279

Posted:

If you buy a unit in a common interest development, you become a member in the association that owns the development, and you own a share in whatever assets the association owns. For example, if there are 100 owners with equal interests in the development, and the development includes a swimming pool and spa, then each owner typically owns 1% of the pool and spa. Each state and HOA may have a unique set of rules concerning how a particular asset should be preserved, maintained or disposed of when its useful life is over, but the common established law is that each member of the association that owns the asset has some say in the disposition of the asset.

Check your association documents and your state's civil code to determine what rights the members have, and what your options as a homeowner are.

Rob

PeterW2 (California)
Posts: 4

Posted:

Hello Rob - thanks for your contribution a while ago, it confirms my attitude to this topic.
Unfortunately I couldn't find a clear answer in the documents you recommended. Could you tell me a bit more specific where I could find this information? Thanks! ...and if you know about another forum for this question please let me know.

PeterW2 (California)
Posts: 4

Posted:

Hello Donna!
Great, and thanks that you provide your valuable experiences here! I'm still looking for "individual documents" to find out more about it. Unfortunately I couldn't find specific information - can you help me here with some closer information please? And is there another interesting HOA forum you like?
Thanks from sunny California (even it's not very warm at all!)

RobW (California)
Posts: 279

Posted:

Keeping in mind that I'm not an attorney (and personally, I believe your Association had better consult a good one who specializes in CID law), I've done a fair amount of research on your question, and what I've found is not one example of a CID Association in California having the authority to demolish any common area improvement, unless it's for the purpose of replacing it (in lieu of repairing it). Instead, California civil code requires that the Association maintain the common areas, and requires that a reserve study and budget be in place to guarantee that all common area major components will be repaired or replaced as needed.

The Association or BOD cannot simply decide to fail to maintain the swimming pool or other common area building or facility, or to demolish it, since this would constitute a breach of their fiduciary responsibilities under Civil Code 1366(a).

That's my layman's take on this. As for any documents your Association might have that would spell out what the procedures might be (if any) to permanently remove a common area building or improvement described in your reserve study, the first place I would look would be in your CC&Rs. I would also look in your reserve study to see if the pool or other facilities or amenities are described in it.

Rob

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