How would you interpret this?

Started by JerryV • 11 replies • 1917 views

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

⚡ Takes 30 seconds

Already a member? Log in

JerryV (Florida)
Posts: 45

Posted:

Our pool rules state that the pool is open dawn to dusk. Does this mean someone can enter the pool area and sit at a poolside table at 1 am as long as they are not swimming? Just wondering what other peoples thoughts are.

MarkM31 (Washington)
Posts: 556

Posted:

I would say if somebody wants to sit by the cool pool at 1am, that no harm is being committed.

JonD1
Posts: 2,350

Posted:

Well Jerry how does this individuals gain access to the pool area? Is there a fence? Does he have a means of entry?

It would help if you provided more details.

Are you a board member?
Are you the guy who likes to sit by the pool after hours?

On its face, my answer would be the area of the pool is closed. That means no entry or use permitted.

The easy fix would be to make entry to this area impossible after hours if possible.

MarkM31 (Washington)
Posts: 556

Posted:

Either that, or follow Larry's universal advice

Quote:

Posted By LarryB13 on 08/01/2015 1:28 PM

1. Grow up.
2. Quit whining.
3. Act like a big-girl property owner with legitimate safety concerns and take the issue to court where it can be resolved.

JerryV (Florida)
Posts: 45

Posted:

I am a board member also in charge of the pool. Another member informed me of the "violation" Access to the pool area is by a key fob, however we have not yet programmed the system to deny access to anyone between 10pm and 6am.I tend to think that pool closed includes the fenced in area of the pool.

KerryL1 (California)
Posts: 14,550

Posted:

Our fenced pool area, also accessible by fob, is closed 10p-5a Sundays - Th., and closes at midnight Fri & Sat. The fobs are ineffective during the closed hours. No one is allowed in the area during the closed hours. If someone stays after the close, the security officer tells them to leave when he comes to cover the spa for the night.

So I agree with your interpretation, Jerry. One good reason to even keep pool-side sitters out is, at least in our case, the proximity of two high rises' bedrooms very close to the pool. Residents who sit by the pool late at night tend to be noisy.

How would you enforce having residents leave the area when the pool closes, Jerry?

JonD1
Posts: 2,350

Posted:

Seems like the solution would be rather simple. Program the system so that entry is not allowed after hours.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JerryV on 08/02/2015 11:35 AM

Access to the pool area is by a key fob, however we have not yet programmed the system to deny access to anyone between 10pm and 6am.

I would program the access system first, prior to worrying about this member sitting by the pool, as programing the system may prevent such violations.

Once the programming is done, then address any violations of pool hours that continue.

JerryV (Florida)
Posts: 45

Posted:

Good question, Kerry...we've never had the problem of people staying past closing time.

JerryV (Florida)
Posts: 45

Posted:

Thanks to all for your input. Looks like the problem will be solved when we program the fobs.

PitA
Posts: 1,416

Posted:

'Generally' the governmental authority having jurisdiction over the pool considers a pool to be open whenever the access gate is not locked.

This is for code/lighting compliance purposes and will make the HOA liable for any 'event' made possible by the unlocked gate.

KerryL1 (California)
Posts: 14,550

Posted:

Oh.... I misread your question Jerry and thought you had after hours people hanging out poolside.

An given PitA's addition, I'd get the programming in place like ours ASAP!

🎯 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