swimming lessons

Our HOA has a rule no contractors before 8 AM and must be gone by 6 PM. No noise after 10 PM. If this is done during the week, most people should be at work and not exposed to the noise. Plus the course should just be for a short period of time. Lawnmowers are louder.

My ex-step-brother was about 6 or 8 years old when he climbed over a pool fence. He was knocked out or just fell into the pool. He was under for more than 5 minutes. He was left severly brain damaged until the age of 22 when he died. All he could do was move his eyes and could not talk/move. I am not sure if he knew how to swim at the time but sometimes you need to look at the bigger picture here. Would you rather hear the noise of a crying baby than the tears of parents who lost their child? Sometimes you need to put it in perspective...

Is the homeowner doing this as a business? We have a Covenant that says Prohibition Against Business Activity. No business activity, including but not limited to, a rooming house, boarding house, gift shop, antique shop, professional office or beauty shop or the like or any trade of any kind whatsoever shall be carried on upon a Lot or Lots. We also have the one about nuisances. Check your Covenants. Send letter to your Board and let them handle it. If you can get the other homeowners to sign the letter it will really help and you will not be singled out. Hope this helps.

Charles,

I would be more concerned to know whether the children participating in the lessons were children of members or residents of the HOA. If they are non-HOA participants, you may have a bigger problem...one of liability.

Recently our HOA wanted to open up the private HOA pool to nearby neighbors. A call by a questioning board member revealed that the City would then recognize the pool as a public pool and city codes would immediately require lots of protection and handicap accessibility measures that our pool does not have. Very expensive. But the more profound finding was when the board member called the insuring agent for the HOA and he stated that the liability is massive and that his company, a national company, would immediately cancel the HOA's insurance.

So, please check. You may have bigger concerns than just noise.

Good Luck.

John - I read the message the same as you. Lessons being given in a homeowners private pool.

Sorry all...I re-read it and agree that it is likely her private pool. Again, so sorry for "assuming".

swim lessons are given in private pools. Not the HOA community pool.

Lessons are given to non-residents

lessons are given in private pools. Not the hoa common pool.

Lesssons are given to non-residents

Thanks for clarifying.

John, I did not plan this.

Well said John, it was intended as "words of advice" to any and all HOAs.

In our HOA's experience, the local City officials recently stated that any private pool opened up to anyone outside the HOA would have to be upgraded to include handicap accessibility, including a special device to raise and lower anyone handicapped in and out of the pool, and other physical requirements that would cost tons of money. A recent call to the insurer said unequivocally that they would cancel the HOA's insurance and would not cover the HOA if outsiders were given access as a result of "membership" to the pool and other amenities because of the increased liability.

Regarding the "swim lessons for payment" of the HOA belonging to Charles...Charles, consider that it could be considered a "business" and that's another "can of worms"...lack of business license, lack of special insurance, etc. So if any HOA board is considering doing this and proceeds without doing their due diligence or is already doing this without having performed due diligence, it could be a huge liability lurking in the shadows...and a very costly mistake of the HOA.

And to clarify yet another misstatement by our friend NAT...

...the 2009 Alabama HOA Board did NOT approve anyone outsider to pay to use the common grounds or amenities of the community and the HOA board did NOT know that it had occurred in any years before, if indeed it had. At the end of 2009, in a general discussing on how to raise the revenues of the HOA to offset the rising expenses, the 2009 Board DID discuss many options (including that one) as a possible remedy but it was never seriously discussed or considered and was certainly NOT recommended for vote, was NOT voted on and was NOT approved. All 2009 minutes will substantiate that fact.

Oh, and Nat, please heed John's advice...no room to make it personal in this forum.

Lies...from someone who has blatantly and purposely committed major covenants and bylaws violations, lied repeatedly and caused great financial harm to the HOA... F O R E V E R!!!

Forever the HOA will have to bear the liability and burden of a roof that's had its trusses cut and will cost more to maintain.

And your husband's charades have gotten him on the HOA board and allowed him the opportunity to "charm" a board who knew nothing of his past violations into making deals with the devil...your husband.

Again - right now, today - you're not even living there in the community...just as you haven't lived there for most of the last decade.

So tell me, why would you and your husband, who always profess to be so broke and you can't pay your dues, your taxes, your vendors, your bills (over $200,000 in a trail of liens, judgements, tax liens) leave a perfectly nice home sitting EMPTY off and on for years on end, paying a mortgage-sometimes paying HOA dues-paying property taxes, never renting it, never staying there and yet keeping your nose in HOA business on a day to day basis?

Heck...you haven't even paid the architect that tried to help you.

It is your "modus operandi"... use people til you can't use them anymore. Take peoples goods and services and then leave them high and dry.

It really isn't anyones business but it's bizarre and it makes no sense.

Regardless someone like you and your husband are not good neighbors and do not deserve to be on the community's board.

So put your sunglasses back on and go away. Our community does not need or want you here.

PS In 2008, why did your husband run NAKED into the parking lot in front of your condo...for all the neighbors to see and call the local police...screaming to the sky "Take me, take me"? Don't deny it. Many neighbors, some still living there, saw him in all his glory...and all his "accoutrements" that day. Was he on drugs? Probably. Its a good thing your little girl wasn't home that day. Where were you? It's too bad the cops didn't arrest him. They should have put his naked butt in jail.

We have a great community. I know of no other owner who has caused the grief you and your husband has caused the HOA and community over the past several years.

Clean up your mess or go away.

And yes, folks...Nat has made it personal so I'll tell you the rest of the story. Do what you need to do.

Thanks you, John.

They'll just be back with different 'names'.

I have about a dozen myself.

Don't take this stuff too serious.

It's just HOA Talk afterall.

We found a similar situation where a person was giving multiple lessons daily. We told her to stop. Not because of the noise but because of the liability issue since she was running a private business on common property.

My "HOA" did.

The board clique sort of kept together. Their ballots had only their names on them and they would collect proxies to give board members to power to vote for board members. When a neighbor of mine joined the board he was sort of kept out of the loop and sometimes my family would find out things before he would, and he was a board member.

I think it is dangerous to a neighborhood and is what gives HOAs a bad name.

Greg

I think if you go back and read, the women was giving swimming lessons in her own private home pool, not at the associations common amenity pool and the complasint was from a neighbor that said the kids were noisy.

Not that I am defending her. There are issues with running a business out of a home in an association that might need to be addressed.

Hope this helps.

Yes, Kevin; per Lawrence, start another thread and you'll get some responses.

Tim...you and the cronies that troll this forum and choose to bicker with anyone and everyone else who posts here can just ignore this thread or any thread that Natalya and I are posting on. Ours IS HOA business and it is here we choose to have dialog. If you don't like our posts, don't read them. We will continue our dialog....

SO PLEASE KEEP YOUR PETTY NOSEYNESS AND INPUT OUT OF OUR THREADS...WE ARE HERE TO STAY.

I agree. The two of you are getting very boring.

Perhaps you two can start your own thread titled "BamaJ and NatalyaR Sandbox"

This way, the bickering can stay in one thread rather than roam throughout the forum.
Those who are interested may participate. Those who are not interested won't.

If you make the thread, I promise I will not enter that thread or play in the sand.

You could possibly seek relief from the city as well. Most cities regulate commercial activities in residential areas, and in particular regulate pools available to the public or for commercial purposes.

However I'd caution that one could be going a little too far here. If the noise is the problem, is a birthday party any less loud than swimming lessons? A pool combined with children will generate noise.