Common Area Take Over.

Started by FionaC1 • 17 replies • 1548 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

FionaC1 (Washington)
Posts: 93

Posted:

Club house rental this weekend was a huge bbq party with multiple guests in tow. Music and lots of kids in the common area pool.

Issue? Our rental agreement clearly states rental of the clubhouse does NOT include the pool. This past weekend our pool gate was propped open by guests and our pool was full.. no spare seating with the count of 19 guests in pool ans surrounding enclosed pool area. All guests of this party.

I brought the concern to our social committee who in turn is also part of our board. I was shot down with the what I felt was exclusive use of a common area. The pool area was decorated with balloons, and filled to the brim with screaming kids, and adult at side..

The rule on the rental agreement in my opinion was broken. The Social Committee or rather 2 other board members disagree and one argued "they weren't that loud" but I could hear them 3 flights up with my door closed.... they partied until almost 10pm.

The arguement is.. do the clubhouse renters have use of the pool or not? If so what # should be allowed?

I saw children in our jacuzzi, I saw about 8 kids in the pool with numerous others nearby. it was full and our gate was propped open with a chair. All this is being minimized by those who regulate the clubhouse rentals.

advice??

KarenC15 (Florida)
Posts: 118

Posted:

Is the issue for you Fiona that children were there? Was it that the pool was used by non-residents? Or, was it noise? I'm not sure from your post. Unless your place is a retirement community, I think it may be discriminatory to suggest that children can't use the amenities (under Fair Housing rules). We don't reserve our pool at my HOA, so when there is a part the residents just join the party-goers in the pool. It's fun.

Hatred is contagious, so one should work to avoid it.

FionaC1 (Washington)
Posts: 93

Posted:

Quote:

Posted By KarenC15 on 09/09/2013 8:17 PM
Is the issue for you Fiona that children were there? Was it that the pool was used by non-residents? Or, was it noise? I'm not sure from your post. Unless your place is a retirement community, I think it may be discriminatory to suggest that children can't use the amenities (under Fair Housing rules). We don't reserve our pool at my HOA, so when there is a part the residents just join the party-goers in the pool. It's fun.

HI guess my post was ambuigious. Our rental agreement clearly states the pool is not included in the renal of the clubhouse
The renters decorated the pool area, propped open a secured gate and proceeded to utilize all seats within the area.

I was not able to use the pool... no room, no lounge chair. Our pool is a smaller 5 foot built in large wading pool. There were 19 guests in area.

THe pool area was not only decorated, but party extended out of the clubhouse, into the walk way in to the pool area.

Rules state can not use common area.. How can I challenge this if social committee and board members have more lax in standards??

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fiona,

Do your governing documents allow guests of a member and/or resident to use the pool?

Are there limits on the number of guests allowed?

If the answer to the first question is yes and the second question is no, then it appears that a loophole has been found. As the fact that a member rented the clubhouse wouldn't prevent them from also having guests at the pool. If this is the case the root issue is your governing documents and not the rental agreement of the pool party.

Without seeing the actual rental agreement, it may have been interepeted that the pool couldn't be used exclusively by those who rented the club house. However, as pointed out, it wouldn't prevent members from having guests use the pool.

I would also suggest that you pick your battles. This was (so far) a one time issue. You brought your concerns forward and were out voted. I suspect that their are larger issues within your Association than the use of the pool. Use your time and energy on those issues.

GlenL (Ohio)
Posts: 5,491

Posted:

Yes they broke the rules. What is the punishment for breaking them? Fine? Stern letter of reprimand? Public flogging?

As others have said, pick your battles and don't loose sleep over one infraction, it's not good for your health.

Studies show that 5 out of 4 people have problems with fractions

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By GlenL on 09/09/2013 10:48 PM
Yes they broke the rules. What is the punishment for breaking them? Fine? Stern letter of reprimand? Public flogging?

As others have said, pick your battles and don't loose sleep over one infraction, it's not good for your health.

I vote for flogging and if a female to be flogged then she must be topless.

DaveD3 (Michigan)
Posts: 796

Posted:

Who was it that rented the clubhouse? A member/owner, I assume?

MichelleC7 (California)
Posts: 108

Posted:

Renter

MichelleC7 (California)
Posts: 108

Posted:

Renter

FionaC1 (Washington)
Posts: 93

Posted:

Yes Renter.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

which of your idiots rented membership property to a non member ?

or may ANYONE rent your clubhouse ?

if so, it would be classified as a public accomodation and become subject to the ADA

you have, presumably, installed the REQUIRED ADA lift poolside ?

you have, presumably, installed all necessary ramps, auto door openers, bathrom equipment, etc to meet the ADA

y'all need professional management and/or REAL advice

FionaC1 (Washington)
Posts: 93

Posted:

Quote:

Posted By JohnB26 on 09/10/2013 3:50 PM
which of your idiots rented membership property to a non member ?

or may ANYONE rent your clubhouse ?

if so, it would be classified as a public accomodation and become subject to the ADA

you have, presumably, installed the REQUIRED ADA lift poolside ?

you have, presumably, installed all necessary ramps, auto door openers, bathrom equipment, etc to meet the ADA

y'all need professional management and/or REAL advice

Is there anything anywhere you can direct me to bring this forth to our hoa BOD? While I can toally see what you are saying. ( I am not supportive of renters using our property ) I am unable to find anything online to support this.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You do NOT go online for your HOA issues except for advice. The answer is in your documents and HOA policy.

Former HOA President

GlenL (Ohio)
Posts: 5,491

Posted:

Oh how easy it is to beat up on renters. I'm sure no one here ever was a renter, everyone graduated with enough cash in pocket to purchase a home right out of the gate. Usually when a person rents in a HOA they acquire the homeowner's rights to use the common property i.e pool, tennis court, weight room, clubhouse etc. It is not the same as Joe Blow coming in off the street and renting the clubhouse.

Fiona complained to her fellow Board members who decided that it was a one off occurrence and decided not to make a Federal Case out of it. I'm sure that part of that decision was the fact that unless the pool is heated for year round use, pool season is just about over. Yes the renters were in the wrong, yes they should be hung from their toes and beaten like a pinata but unless it becomes a weekly occurrence, let it go.

Studies show that 5 out of 4 people have problems with fractions

KarenC15 (Florida)
Posts: 118

Posted:

The above comment is inappropriate.

Hatred is contagious, so one should work to avoid it.

KarenC15 (Florida)
Posts: 118

Posted:

*the one referring to females

Hatred is contagious, so one should work to avoid it.

GlenL (Ohio)
Posts: 5,491

Posted:

Karen, thank you for clarifying your remark.

Studies show that 5 out of 4 people have problems with fractions

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Fiona,

If you collected a security deposit, withhold it. Investigate it. If rules were blatantly disregarded, keep the money and note the property owner in case of future rentals. The money will ensure better behavior in the future.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here