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CynthiaL3 (Florida)
Posts: 20
Posted:
Swimming Pool Liability
and Abuse of Conduct by Two Board Members.

Some basics here first. We have 90 units, in a modest condo community. One small swimming pool attached to a small community center.

The swimming pool is still under the Master Developer, however, our part of this 3 phase complex, the 90 condos, are NOT under the Master Developer. We are incorporated, and have a MC/PM, which just happens to be the MC/PM for the Master Developer. So, we, the condo HOA have no control of monies or decisions being made for the community swimming pool. However, we can make suggestions only.

The Master Developer, has not and will not, take seriously public safety. As a result, they will not hire a swimming pool life guard. I must admit this is so unacceptable to me, on so many levels. The minimum age is 16 to enter and use the pool. So far, I can't find any "wording" to stop this unsafe practice in our docs. I'm still looking.

As a result:

- We have the liability of people swimming without a life guard. (This is my No. 1 concern)

- The Master Developer has empowered 2 of our board members to monitor the pool, when they are there.

- These two board members, Pres. & V. Pres., (close friends) have abused their positions as board members.

- By verbally abusing the children, adults and anyone who is there without a pass. Since we have over 50% as renters, and the owners ARE NOT giving renters our rules, instead of nicely explaining the rules to the folks at the pool, they are embarrassed and verbally abused by these two board members.

- They watch with binoculars, and run out to the pool when they see a potential violator, and...

- They have called the police on violators, who may run from them, and becomes a spectacle & chaos.

- A number of families WILL NO LONGER go to the pool when these two women are there.

- The community center has been vandalized a number of times, IMO, I'm sure this is in retaliation to the abuse from the 2 board members.

Yes, I realize the rules established for the pool, need to be followed. Their good intentions to monitor the pool, is just not an effective way to do this. I have written about these two in other threads, they do not have any concept of decent board behavior while out in public, and I'm embarrassed for them. The abuse of position also includes the Pres. cussing out an 80 year old resident, which could be heard by residents in 3 buildings. Everything is kept secret, the other two board members who live out of town, never hear about this inappropriate conduct. As you can see, I'm toying with any and all ideas to modify this conduct and behavior. My knee jerk reaction is to embarras them publicly, however, I'm afraid my aggressive remedy will do as much damage.
GlenL (Ohio)
Posts: 5,491
Posted:
My knee jerk reaction would be to recall them and replace them on the Board. But if the people are willing to put up with their abuse there is little you can do about it. Of course if you have a video camera there is always Youtube. As to the pool, if Delaware's pool regulations are like Ohio's the size of the pool dictates whether or not a lifeguard is required. You can check with your city or county because I would be willing to bet one of them regulates pool use, whether a lifeguard is required and signage.

Studies show that 5 out of 4 people have problems with fractions
JonD1
Posts: 2,350
Posted:
I too would think whether a lifeguard was required or not would be determined by the local county or town health codes through the Department of Health or some other agency.

It MIGHT not be required to have lifeguards despite the OP's opinion it is not safe.

As for the actions of the Board members as described by the OP, is it not important those without passes be controlled? Or should anyone be allowed to use the pool? Now as to style and personality why does the OP feel the need to address this? Their suggested over the top behavior reflects on THEM not the OP or the community.

Pools and use of pools can be a lightening rod for issues real or perceived.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Cynthia

Public and private pools are two different issues. I believe that your association pool is private/exempted and as such does not need a lifeguard but does need:

Delaware Law

26.708 Lifeguard Warning Sign - Any exempted pool that does not have a lifeguard or attendant on duty shall conspicuously post the following sign at the pool entrance(s) and at least one (1) other location inside the
pool room/fence: "WARNING NO LIFEGUARD ON DUTY" in letters at least four (4) inches high along with "CHILDREN UNDER THE AGE OF SIXTEEN (16) SHOULD BE ACCOMPANIED BY A PARENT OR GUARDIAN" in letters at least one (1) inch high.
(NOTE - A guardian is an adult designated by a parent who is responsible for the children and their behavior).

The one thing a declarant does not like to hear is that problems exist that could cause some homeowners to take action that could hurt home sales. I believe a few personal and polite letters to the declarant from several homeowners complaining about the rude behavior of the pool monitors and how this could/might turn off potential buyers could go a long way.

Hope this helps.

CynthiaL3 (Florida)
Posts: 20
Posted:

Thanks for all the helpful suggestions and observations. I'm checking on more information, and Yes, we do have the proper pool sign posted, thanks for the website, was invaluable.

Cindy Low

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