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AlexL1 (Florida)
Posts: 305
Posted:
We have long had our pool close at 10 at night in order to not disturb nearby residents of our condos unit due to possible unruly parties by the pool. Some renters are demanding that the pool be open until midnight. What do other complexes do in regards to nightly poolclosures?Normally, closing the pool at 12 midnight would not be bad but if we automatically authorize it, there are some residents (2 or 3) that like to have wild parties by inviting in their friend from all over, throwing the furniture in the pool, etc

We have no way of enforcing rules. If we call the ;police, they would not come
GlenL (Ohio)
Posts: 5,491
Posted:
We too close the pool at 10pm. While renters do live there they have no voice in what rules the HOA has. As to enforcement, you enforce against the owner, if you catch the renter in the pool at 11pm, you fine the owner. That or you hire private security to enforce the rules.

Studies show that 5 out of 4 people have problems with fractions
BradP (Kansas)
Posts: 2,640
Posted:
Alex...what are your local ordinances in regards to noise...i would follow those
FredS7 (Arizona)
Posts: 927
Posted:
The rules for the pool are made by the board of directors, I hope after input from the residents. And if the residents don't like the result they can remove the board of directors and reinstate the rule.

So residents can't "demand" unless they have a big enough majority. Get out there and agitate.
FredS7 (Arizona)
Posts: 927
Posted:
If I recall correctly ours is 10 PM which seems eminently reasonable.
MikeS1
Posts: 521
Posted:
Ours is open daily 11-8, but it always has a lifeguard. Curious - Is this pool staffed with a guard? It amazes me that a lot of pools in other areas in the south (it seems) are not staffed with a lifeguard. Sorry that's not the issue, but I was just curious.
AlexL1 (Florida)
Posts: 305
Posted:
The private security has no force behind it...even if they call the police, the police willl not come out to enforce it... trying to find out where the unruly residents live is difficult as they tell you some other condo unit so no one can find out to fine th owner
PetunkaM (Florida)
Posts: 1,009
Posted:
Ours is open daily 11-8, but it always has a lifeguard. Curious - Is this pool staffed with a guard? It amazes me that a lot of pools in other areas in the south (it seems) are not staffed with a lifeguard. Sorry that's not the issue, but I was just curious. (Mike)

Mike,

True. Many small community pools in Florida are not staffed with a lifeguard ; there are just warning signs all over the place which people happily ignore. Pools are a huge liability since the code in Florida (or certain counties) call only for a 4 or 5 foot fence, I believe. And, the neighborhood kids can and do easily climb over the fence at night. However, in the Orlando area I saw many pools closing at ‘dusk’ and they were locked and the fences were about 8 ft., so that is much better.

I do not think the Board should authorize the pool to be open until midnight without owners consent.
PetunkaM (Florida)
Posts: 1,009
Posted:
Alex,

You cannot call a police to enforce ‘private rules’. They simply cannot do that. Can you suspend owners/tenants’ rights to use the pool and or possibly fine them for damages? There should be some language in your documents to allow you to do that, maybe?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Alex,

Put yourself in place of those who live around or near the pool. Let's see here, uh, noise after 10 pm? Not acceptable. Those people have rights to quiet and 10 pm is a reasonable time.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We closed our pool "officially" at 10 pm. However, we'd let adult individuals enjoy the pool at all hours if it they weren't loud. I worked 2nd shift and sometimes go swimming at night after work. Plus it allowed me to clean up the area while everyone was gone.

We also could call the police for noise control as our city does have a noise ordinance. That ordinance kicks in around 10 pm. Our documents stated no contractors could start work until 8 AM. They had to end by 5 PM. Unless it was special issue.

I think you can still call the police for misbehaving and vandalism. That is still a crime whether or not it's in the HOA's documents...

Former HOA President
DonnaS (Tennessee)
Posts: 5,671
Posted:

Why would you "officially" close a pool and then let people swim in it after closing? What does not loud mean? That sounds like a can or worms getting ready to climb out. Everyone should go by the same rules and standards, even the former President.
BradP (Kansas)
Posts: 2,640
Posted:
I think Donna has hit on an excellent point, Consideration needs to be given for those who are not using the pool. I think having the pool open till 10 pm is by far generous enough, I would consider for liability reasons to close it as dusk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA's motto was "For newlyweds and nearlydeads". It wasn't a party like place with many loud people. Plus the person who lived next door to the pool, often took care of any unwanted late night visitors. We had a combination lock on the gate to the pool and it was well-known. My only real method of closing it was using a chain with a keyed lock around a post.

I worked 2nd shift so my best time to go swimming would be after I got home. This allowed me to relax and to check the pool area before people came in the next day. I would clean up the trash and check out any maintenance issues. Otherwise, I wouldn't be able to monitor the area at all. See nothing wrong with taking a quick dip alone in a pool for a few minutes when not making any significant noise.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 10/17/2011 2:01 PM
Our HOA's motto was "For newlyweds and nearlydeads". It wasn't a party like place with many loud people. Plus the person who lived next door to the pool, often took care of any unwanted late night visitors. We had a combination lock on the gate to the pool and it was well-known. My only real method of closing it was using a chain with a keyed lock around a post.

I worked 2nd shift so my best time to go swimming would be after I got home. This allowed me to relax and to check the pool area before people came in the next day. I would clean up the trash and check out any maintenance issues. Otherwise, I wouldn't be able to monitor the area at all. See nothing wrong with taking a quick dip alone in a pool for a few minutes when not making any significant noise.

what is significant noise to one is not to another...if you get to go in after hours then how can you deny access to anyone after hours?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I never said I denied other people access after hours at the pool. The person next door kept an eye on the pool since they had a bird's eye view of it. If they had an issue, then they would handle it. If it were serious, I would get notified about it. I would chain up the pool but not on a routine basis. Plus it was pretty easy to access the pool area whether or not it was chained. I had to work through a HUGE amount of maintenance/containment issues at the pool before all that was corrected. So really couldn't do much about denying access to the pool area to anyone. However, every HOA is different in how they handle their pool area.

We got lucky with the people who lived near the pool. They never had many issues with people using the pool any hours of the day. When there were times of issues, then I would take the time to do some extra security. Otherwise, it was a healthy respect for your neighbors that kepte people in line at the pool area.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 10/17/2011 2:33 PM
I never said I denied other people access after hours at the pool. The person next door kept an eye on the pool since they had a bird's eye view of it. If they had an issue, then they would handle it. If it were serious, I would get notified about it. I would chain up the pool but not on a routine basis. Plus it was pretty easy to access the pool area whether or not it was chained. I had to work through a HUGE amount of maintenance/containment issues at the pool before all that was corrected. So really couldn't do much about denying access to the pool area to anyone. However, every HOA is different in how they handle their pool area.

We got lucky with the people who lived near the pool. They never had many issues with people using the pool any hours of the day. When there were times of issues, then I would take the time to do some extra security. Otherwise, it was a healthy respect for your neighbors that kepte people in line at the pool area.

You were lucky, although I don't live there i bet these neighbors weren't on duty 24/7, furthermore not having the facility properly secured was a liability issue and accident or death waiting to happen that would have left the homeowners in your community paying for it for the rest of their lives. If there were containment/maintenance issues the pools should have been closed until those were fixed. Being certified to operate pools one thing I would never do is leave a pool open if there were issues with water quality and/or facility security. They teach you that on day one, every pool if it is not a private family pool should be operated by a certified pool operator. Those folks would have known better and in some states it is illegal not to do that.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
There's a fine line you have to follow in a HOA in having certain amenities like pools. Our dues covered having the pool/clubhouse access. So to cut it off completely, would not set well with the community. The issues weren't serious enough to close the pool but to make sure they were addressed. Which is one of the things I accomplished being president.

The health department does regulate pools in our area. We also had a hired pool contractor that took care of our pool, chemicals, and maintenance. So it wasn't a health hazaard. The pool itself was safe and maintained as well as any other local pool in the area.

Our problems extended from age. The builder had used railroad ties for a retaining wall. Over time these ties, deteriorate. I had to hire a contractor replace the wall with cement brick wall. The wood fence hadn't been painted ever and had weather damage. So we painted the fence. We tore down an old deck that had been neglected and never weather treated properly. I had new fence installed and access points addressed.

These were issues I had inherited when I became president. They were also ones I addressed and got fixed. Hence, why I was at the pool area early in the morning after work monitoring any issues. If I saw any, then I would address them at our meeting to fix them. If I hadn't become president, our pool area would have been a danger zone of neglect and dispair. I spent 10K making that area safe for our residents. I liked the fact they could enjoy it safely at any time they choose.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
that is where you and I differ I guess, when it comes to safety i don't walk a fine line, it is pretty cut and dried. IF we had a pool and any aspect of it was unsafe I wouldn't hesistate to pull the plug, I would rather listen to a homeowner complain about that then try to explain to someone why our negligence contributed to someone's death.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
It says renters are demanding later nights for pool season. The HOA represents property owners who pay the community bills. Renters have no say and certainly no room for demands of an HOA. They are to follow community rules or their landlords will be held responsible.

TerryB11 (Florida)
Posts: 1
Posted:
Unless you have lighting per Florida code you can not use the pool . Check the Florida Sunshine law. 1/2hour before sunset and 1/2 hour after sunrise. We have the same problem. No one cares about the units right next to the pool. But just wait until they get a lawsuit when someone gets hurt or killed
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is an old post from 2011...

Former HOA President

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