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GlenL (Ohio)
Posts: 5,491
Posted:
We had an interesting occurrence this past week a mother and daughter (over 18) both doffed their tops at the pool. This while our resident group of old biddy busy bodies were gossiping under the umbrellas. Of course this resulted in multiple calls to the Board to "Do Something".

I caught the Board president on the way out the door (we live in the same building) and he told me what was going on. I pointed out to him that there was nothing prohibiting it in the CC&R's, the HOA was private property which the mother owned a share of and most importantly Ohio is one of the states where a woman can legally go topless anywhere a man can. I advised him unless he was willing to tell all of the men to cover up, he should tell the old biddies it wasn't against the CC&R's or the law and there was nothing he could do.

I know there are clothing optional HOA's but has anyone in a HOA not so designated attempted to deal with a similar situation, the next HOA meeting looks to be spirited as the phone lines have been buzzing. And I thought you had to raise assessments to get a good turnout for a meeting.

Studies show that 5 out of 4 people have problems with fractions
FredS7 (Arizona)
Posts: 927
Posted:
You seem to be in a particularly European part of Ohio.

Our rules are that "swimsuits must be worn." So far there does not seem to have been a need to define this further.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Glen

It is not an HOA issue. Let those that object call the police and report public nudity.

Meantime some pics would help........LOL
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
A non board member with no authority could have simply asked the women to cover up .
MatthewW4 (Arizona)
Posts: 500
Posted:
This is a situation that will require further investigation and I will gladly assist. What's the address?
BrianB (California)
Posts: 2,820
Posted:
Glen, stick to the facts you have, and just keep telling the detractors.

it's not illegal, and so, even should the HOA want to make a stricter rule, and require tops, headgear, coverups, etc., it can only be done if the same requirement goes for men too.

It's not against your rules.
It's not against the State of Ohio rules.

you cannot enforce something that isn't illegal.
MikeS1
Posts: 521
Posted:
Where exactly is this? lol
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our rules say that: "Only persons dressed in standard swimwear are allowed in the pool or spa. Nudity or nude sunbathing in these areas is not tolerated."

This also keeps folks from wearing street clothes out of the pools, which would lead to slippery puddles in our elevators.

So, perhaps a new non-gendered rule would silence the busybodies.

Got a laugh out of some of the other comments!!
DaveD3 (Michigan)
Posts: 796
Posted:
Maybe having a pool wouldn't be as bad as I thought...
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Carol

Our rules say that: "Only persons dressed in standard swimwear are allowed in the pool or spa. Nudity or nude sunbathing in these areas is not tolerated."

I suggest the following change:

"Nudity or nude sunbathing in the pool or spa areas is not tolerated, unless the BOD votes that the person looks good nude."

CarolR11 (Colorado)
Posts: 2,563
Posted:
HAHA, John46. Know whatcha mean. Accidentally went to a clothing-optional restaurant once on St. Martin/Sint Martaan and it was all OK until after dinner. The band started playing and, um, "mature" unclothed folks were dancing. There, at least, we really did avert our eyes-ugh!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I used to live in Ohio and had totally forgotten that it was legal to go topless. Thanks for reminding us... Who is going to enforce this rule and will there be fines?

Here in the south we have two definitions of nudity... Naked and Nekkid... If your naked, you get arrested... If your "nekkid", you had too much beer...

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
Funny, Melissa, about "nekkid"!

But I wonder if HOAs, as private property, can make rules like ours??

We actually did have two women & a guy "jump the fence" after the pool gates were locked. No towels and clothed. So they all took off all but underpants. On-duty officer saw them on camera, but by the time he got to the pool they are gone. They were dripping wet, so he tracked their puddles to the elevator & 5th floor and though a process of elimination figured out who they were. Given your definitions, they definitely were "nekkid."

The owner got a "courtesy" letter with about three infractions in it. Behavior hasn't been repeated. If it were, we'd call the owner to hearing and fine him.
GlenL (Ohio)
Posts: 5,491
Posted:
Unfortunately it is the ones you least want to see who are the first to do it. Further research (oh how I like "research") shows that there are only three states where topless is against the law IN, TN, & Utah 14 or so where the law is questionable or has not been tested, the rest including CA and just for you Melissa AL it's evidently legal. The above does not constitute legal advice.


Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Glen you inspired me to post this "topless"... LOL!

Former HOA President
JonD1
Posts: 2,350
Posted:
Quote:
Posted By GlenL on 07/08/2013 7:31 PM
Unfortunately it is the ones you least want to see who are the first to do it. Further research (oh how I like "research") shows that there are only three states where topless is against the law IN, TN, & Utah 14 or so where the law is questionable or has not been tested, the rest including CA and just for you Melissa AL it's evidently legal. The above does not constitute legal advice.


Glen as a result of your post, tonight at our monthly meeting I asked that the MC have a sign made and posted in our pool area informing those using the pool that in fact topless bathing for women was legal.

I certainly would never support the imposition of restrictions against those women who use our pool after the information you provided.

What's right is right.....
MelissaP1 (Alabama)
Posts: 13,836
Posted:
( * ) ( * )

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 07/09/2013 3:40 AM
( * ) ( * )

I saw a women recently. She must have been 70 and had implants when she was young. She was wrinkly, overly tanned, look old....but they were perky...and she liked showing them a bit.

It looked like new seats in junked car.........LOL
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yeah... but was she "smart"? LOL!!!

Former HOA President
JosephW (Michigan)
Posts: 882
Posted:
If you're going to enforce these type of rules, you should at least have a security camera going to back you up. LOL In my first job as an on-site manager in a small condo assn, I had an apartment in the clubhouse and the bedroom looked out over the pool. I periodically had to chase kids out of the pool at night, but my tenure as manager began to come to an end when I caught my board president and her husband skinny dipping one night. When I turned on the spotlights (this was before motion detectors) which made the pool now visible to just about anyone in a one block radius, as well as cars going by, she tried to stay underwater for as long as she could, but eventually..... I quietly pointed out, while looking the other way, that she had been one of the people getting on my case to enforce the after-hour pool rules, and that I would go back inside and turn the lights out. And this was before cell phone cameras too, so I had no evidence. Within a month she had asked the management company to replace me.

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
CarolR11 (Colorado)
Posts: 2,563
Posted:
Good story, Joseph! Thank you for sponsoring HOATalk.
MikeS1
Posts: 521
Posted:
On Joseph's note - Some of the new NVR systems with digital IP cams are very reasonable and good quality. They are very much an effective detererant to some behavior patters. Excellent suggestion.
JosephW (Michigan)
Posts: 882
Posted:
I was just thinking of posting the first story to YouTube

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A word of warning about pool cameras... Some may view this as an invasion of privacy. Considering your about naked at the pool. That is why we never installed any cameras at the pool area aimed at bathers. They were at front entrances or the bathroom area. Just in the areas to show the break ins.

It's kind of reminds me when you go to the mall and the security cameras look down someone's shirt. There is a fine line there. Yes you are out in public, but do you really want your junk out in who knows where?

Keep in mind that cameras do not stop crime. They just report/show it. The crime has still happened. It's just helpful to assist in proving who and what damages.

By the way, we had an indescent exposure incident at our pool. I was there when it happened but did not see it. A guy while kids were playing around the area, showed her is "Brain". He wanted her to touch it. She got up and left. Later calling the cops and me. This guy had a history of walking naked in his house in front of the open windows. It was quite creepy. Considering he was married with 2 kids, and a boy scout leader! The police could not find him they claimed to prosecute. However, I had to deal with the reports of this perv who even tried to feel me up!!! When naked turns ugly.... It turns really ugly!

Former HOA President

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