Pool Bathroom

My HOA has a swimming pool. There's also a pool house with a small pool bathroom (which I use alot over the summer). At the annual meeting, a member raised that the cost of maintaining the bathroom is $500/yr and didn't want to pay it. The vote was 6-3 in favor of shutting it and it was to be shut.

I have since found out from the management company it's usual practice that an ammenity in a HOA can't be removed without a unanimous vote. If this is true, the outcome of the vote was incorrect.

How can I proceed?

So, no one has a bathroom to use at the pool. Which is more likely to happen? A) Swimmers will get out of the pool and go home to go pee or B) Swimmers will pee in the pool.

If swimmers are peeing in the pool because there is no restroom, how will that impact the costs of maintaining the pool?

Whether anyone actually pees in the pool or not, the perception will be that they are doing so. This means that anyone who swims and later develops any sort of serious infection may find one of those personal injury attorneys to sue your association.

Makes you wonder if it was worth saving a whole $500 a year. That's a whopping $41.67 a month!

BTW, if the local health code requires that restroom (and I suspect it does) those six board members who voted to save $41.67 per month could be held personally liable. Generally, directors are not liable when they act as a reasonable person in a similar situation would. By definition, a reasonable person does not violate public policy (statutes, common law, official rules and regulations) so taking an action that contravenes public policy removes their shield from lawsuits. Just saying.

Most likely (99% probability) your jurisdiction REQUIRES a toilet facility within X feet of the pool.

Your pool will / should be closed at the next inspection.

Are y'all, per-chance, a 55+ community ?

Larry,

In South Carolina pools are regulated by Dept. of Health and Environmental Control (DHEC).

DHEC classifies a HOA pool to which owners may invite 'outside' guests: Class B Public

Open while pool is open toilet facilities are required within 300' of pool.

If ALL homes are within 300', no additional facilities required.

The 300' is actual 'developed length' walking distance, including any vertical stairs (to cover hi-rise condos/co-ops). eg. 200' to building then 75' up stairs then 40' to furthest unit = 315' = toilet at pool required

The point (for the OP)is: PEE IN THE TOILET, NOT IN THE POOL

It may depend on your documents - in our community, we had to get 75% of our homeowners to agree to shut down our pool (which we did - took two years to get the votes!) When I was on the board, our attorney told us of some communities where the board did have the power to close amenities (he recommended to those clients it's best to run it by the homeowners so no one protests).

If your documents have language to this effect, show that to the board when expressing your concerns. Of course, as some have noted, it may be a health department requirement to maintain it, so you may want to check with them and then notify the board (we were required to provide a shower and a landline phone).

As per Delaware LAW:

5.1.15.2 All pools, with the exception of those where all patrons’ sanitary/bathhouse facilities are within one thousand (1000) feet, shall provide the following permanent sanitary/bathhouse facilities located contiguous to the pool deck or pool room:

If ALL homes are within 1000' no additional facilities required.

If even one 'unit' is over 1000' away then the bathroom is REQUIRED !

I guarantee there are many, many folks who'll pee in the pool before they'l walk that far 1,000 ft. 3+ football fields, right? For feeling secure about the sanitation of the pool, I'd keep the restroom open.

I don't know how far our 25th floor--the top of our condo tower is-- from our pool. But if there weren't restrooms in the very nearby gym, I'm certain that almost no one would towel off & put on their shirts & footwear, required in our common area halls & elevators, to ride even 5 floors to their unit's bathroom!