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AlexM1 (Oklahoma)
Posts: 287
Posted:
We have a fitness room at our condo complex. We have had it for several years now. The problem is that there are children in there that are oft times
not with their parents or an "adult". We have had complaints from some residents that it is what they have witnessed from time to time is
dangerous for the children. I think it would be good(highly desirable) to have a sign posted inside of the fitness room that we can refer to
as "rules"...... I have gone to the County to see if they had any suggestion as to what the rules would/could be but they had no answer. I went to other condo
complexes to see if they had any rules posted but they do not. I continue to feel that there MUST be someplace where one can find
rules for fitness room use and in particular as it pertains to children. Does anyone in the HOA community have any ideas as to where one
could go to get a listing of rules?
RichardP13 (California)
Posts: 3,868
Posted:
You might do a Google search for "Gym Rules for HOA's"
PitA
Posts: 1,416
Posted:
Or check with the equipment manufacturers for safety and child use 'specs'.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By AlexM1 on 03/18/2016 8:33 PM
We have a fitness room at our condo complex. . . . . I went to other condo complexes to see if they had any rules posted but they do not. I continue to feel that there MUST be someplace where one can find
rules for fitness room use and in particular as it pertains to children. Does anyone in the HOA community have any ideas as to where one could go to get a listing of rules ?

AlexM1 Oklahoma : 1 - Respectfully, it's not easy to handle that any fitness venue in 2016 might somehow not ( ? ) have any posted (attempted) disclaimers of occupier liability.

Nor that it lacks posted rules of equipment sharing/restrictions on use, nor direction to report breakdowns nor safety/injury response instructions.

Quite a range of risks to run. Raises questions not only about how the "fitness room" was converted or created but about other occupier liability & skillsets.

2 - Anyway, respectfully, the lawyer & manager & insurer that your association clearly needs, should have the skillsets to get you something that complies with Oklahoma law.

They may be able to locate or tailor the sort of postings from YMCA/YWCA/ sports clubs/swiming pools / amusement parks . . But DIY may be beyond what your association can do itself.

3 ( Rights Tribunals in my jurisdiction incidentally have upheld prohibitions on a range of age of unaccompanied minors, but struck down swimming pool prohibitions on diaper use - any age - if such are claimed manufactured "waterproof" ? ! )

KerryL1 (California)
Posts: 14,550
Posted:
Our HOA has a gym too, Alex. First, how old is your HOA? What is the access to the gym? In other words is a key or fob needed? What are the hours for the gym? Is it attached to your condo bldg.? Or separate?

Like BobD, I'm surprised you have no posted rules if for no other reason to protect your HOA if a child (or adult) should be injured.

I'm also surprised there aren't rules about gym use in your Rules and Regulations. Your board needs to vote on a set of rules for its use.

Your insurance company may have some ideas.

Hours of the Fitness Center are: 5:00 A.M. – 12:00 A.M.
1. For safety reasons, children under 14 are not permitted in the Fitness Center. Those ages 14-17 must be accompanied by an adult who is at least 18 years old.
2. Please immediately report any misuse of the Fitness Center equipment or pool table to Management or the Front Desk Administrator.
3. All guests must be accompanied by a resident.
4. All equipment must be wiped down after each use. Please bring your own towel.
5. All equipment is to be used as intended.
6. Residents may not store or place any personal equipment in the Fitness Center.
7. No glass containers or food items are allowed in the Fitness Center.
8. Lockers are for the convenience of all residents; no overnight storage is allowed.
9. Cell phone conversations may not occur when others are using the Fitness Center.
10. All persons using the Fitness Center do so at their own risk.
PitA
Posts: 1,416
Posted:
perfect
ArtT5 (Illinois)
Posts: 84
Posted:
Be cautious about adopting rules that ban children from the room, as opposed to requiring that they be supervised. Such rules may violate federal law against discrimination on the basis of family status. There's some law on this as regards pool use and I don't know why it wouldn't apply equally to other facilities unless you can show there's nothing a child under 14 can safely do there under adult supervision.
KerryL1 (California)
Posts: 14,550
Posted:
Our rule has been in place since the project opened in '01, and the below seems to support the rule. It's from the CA HOA attorneys' website davis-stirling.com:

"Gym Equipment. Age limits on the use of gym equipment are valid if boards can support a claim that the equipment is dangerous for the restricted age group. In the unpublished case of Landesman v. The Keys, the court upheld the association's restrictions on the use of the gym and other facilities based on safety concerns":

We do have very heavy weights and moving equipment in our gym as well as other equipment that could easily injure a child especially if an adult were looking after two or three children.

We have few children in our high rise HOA, but a fair number of youngsters visit. We have no restrictions against any age using the spa or pool so long as accompanied by someone 18 or older.
RichardP13 (California)
Posts: 3,868
Posted:
Kerry

The word "children" needs to be eliminated and replaced with "individuals".
KerryL1 (California)
Posts: 14,550
Posted:
Thanks, Richard, we'll change it to "those" the next time we update our Rules & Regs. Don't think we'll do anything special to change that word. I, sadly, haven't been in our gym in the past few days so don't know what the posting on its walls says. "Those"? Children"? "Anyone"?

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