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ChrisP5 (Missouri)
Posts: 165
Posted:
For boards with a management company do any of your board members or officers have keys to mechanical or storage areas in case of emergency?

For example the electronic lock malfunctioned on our pool gate over the weekend and trapped residents in the pool area. On the plus side the residents called the management company emergency line. However while a representative from the management company was on their way across town to get the emergency override key and return back to the property some handy homeowners broke out their tools and attempted to disassemble the locking mechanism. Of course that led to a repair bill for the company to come repair the lock beyond the part that malfunctioned.

If I (and I assume other members) had keys I would have been happy to override the lock, let the people out and shut down the pool area. I also think this would be useful if there was a malfunctioning piece of mechanical equipment such as pool pumps that needed to be shut down quickly in the event of a malfunction without having to wait for management or the fire department.

I am considering proposing a key cabinet in one of our storage areas with keys to the property in it and having a few board members with access. This would only be access to mechanical and storage areas and not individual units.

Pros or cons to this?
MarkM31 (Washington)
Posts: 351
Posted:
Your idea is sound.

I don't think anything that can lock people into a confined area should be allowed. There are many doors that allow manual exiting. You pool area should have this in any case
DanaT (Tennessee)
Posts: 214
Posted:
I think you have a great idea. Just remember that if you do except the responsibility to have this key box, you will also carry the responsibility if something goes wrong, and it is traced back to you. You may be better off, having a few trusted members you can call on, and give them a key to suit your purposes.
PitA
Posts: 1,416
Posted:
I don't think anything that can lock people into a confined area should be allowed.


CORRECT

The lock in question was NOT properly installed in a code compliant manner.

I will be happy to win and collect any wagers placed.
DanaT (Tennessee)
Posts: 214
Posted:
The pool regulations put forward by the Missouri Department of Health (see the link above) stipulate that pool fences for public pools must:

Be at least 4 feet tall.
Not provide handholds or footholds on the exterior of the wall.
Have no openings 4 inches in diameter or larger.
Use self-closing and positive self-latching gates whose latches are as high as possible while still lower than 4 feet.

The Department of Health standards also state that indoor pools must have self-closing and positive self-latching doors whose latches are as high as possible and at least 4 feet above the ground. https://www.signs.com/blog/state-by-state-guide-to-pool-signage-and-fencing-requirements/
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By PitA on 07/28/2016 4:34 AM
I don't think anything that can lock people into a confined area should be allowed.


CORRECT

The lock in question was NOT properly installed in a code compliant manner.

I will be happy to win and collect any wagers placed.

I will be happy to run the "Bank" for your wagers for 10%.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarkM31 on 07/27/2016 9:05 PM

I don't think anything that can lock people into a confined area should be allowed. There are many doors that allow manual exiting. You pool area should have this in any case

Sounds like a fire code violation
MichelleK5 (New York)
Posts: 161
Posted:
A couple of years ago, hubs and I drove down to the Florida. My parents, who have a condo in Fl gave us their keys could spend one night there on our way to Islamorada.

When we got to their condo, I noticed right away there was something wrong with the A/C- wasn't cooling enough. Called my mom, she gave us the number for the HVAC company they use, called the company and the first thing they asked me was "do you have the key to the a/c room" I'm paraphrasing. Turned out, every board member had a key, all I needed to do was call one. Easy right?
Problem was, all but one of the board members was out of state. It was August and the snowbirds were back up north. The one member who lives there year round was missing. Took two days until I was able to reach him and get the key.

Moral of the story, if you the board keeps keys, they need to be made available at all times. Something you need to plan for when you're not around.
KerryL1 (California)
Posts: 14,550
Posted:
Our 2 pool entrances, which are locked for safety reasons are entered with a fob. I suppose the computerized locking mechanism could malfunction locking residents inside. But they could push pool furniture to the 4 ft. fence & climb over.

I think keys for trusted people are a good idea too. I'd worry l though about any unqualified person messing with pumps or motors. I don't think your HOA insurance would cover them in case of injury or damage to equipment.
DanaT (Tennessee)
Posts: 214
Posted:
@ ChrisP5 (Missouri). I think your first step is to contact the company that installed these locks. Explain to them that they may be opening themselves up for a major law suit, if this happens again. Think about it. Someone gets injured 30 seconds before the power goes out, and now they have no way to remove the person. Even if the EMT is called, they will have to waste valuable time, to create an access to remove this person as well. You HOA Community as well as the Lock Company, could and would most likely be named as "Co-Defendants", if the right person gets a hold of that case.

Same goes for someone that is not injured. If they can not get out and have to pick up their kids from school, if they try and make, a makeshift ladder to get out and are injured, I think the same would apply, as stated above.
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By DanaT on 07/28/2016 10:00 AM
@ ChrisP5 (Missouri). Someone gets injured 30 seconds before the power goes out, and now they have no way to remove the person. Even if the EMT is called, they will have to waste valuable time, to create an access to remove this person as well. You HOA Community as well as the Lock Company, could and would most likely be named as "Co-Defendants", if the right person gets a hold of that case.

There should be a Knox Box attached to the structure(s) which would allow the PD and FD to access
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By MarkM31 on 07/28/2016 10:21 AM
Posted By DanaT on 07/28/2016 10:00 AM
@ ChrisP5 (Missouri). Someone gets injured 30 seconds before the power goes out, and now they have no way to remove the person. Even if the EMT is called, they will have to waste valuable time, to create an access to remove this person as well. You HOA Community as well as the Lock Company, could and would most likely be named as "Co-Defendants", if the right person gets a hold of that case.


There should be a Knox Box attached to the structure(s) which would allow the PD and FD to access

I agree 100%. I still can not figure out how a FOB would work though. To be honest, we have lived in many communities with pools. Some gated, some not. But all of the pools had Staff on duty, during the pool hours of operation. The OPs state is very vague when it comes to requirements for "Staff on Duty", concerning HOAs. Does anyone else live in an HOA that has a community pool, that also has no "Life Guard" requirements? In Va., no life guard on duty, and the pool will not open due to liability issues.
KerryL1 (California)
Posts: 14,550
Posted:
We have no lifeguard on duty at our HOA, which has a swimming pool & spa. We do have a couple of cameras directed at the pools and 24-7 security to monitor them. So, here, IF ( hasn't happened in 15 years) someone gets locked in or in other difficulty they'd be observed by security or our mgr. & Asst. mgr., M-F 8-5. But it doesn't seem that Chris has such staff. so, it seems that somehow the Board would have to play a role.

(I'd definitely check with the insurance agent, though about directors entering locked rooms & trying to fix electrical, plumbing or mechanical equipment. Our agent has told us that directors/committee members should not even get on ladders in the common areas.)

We do have Knox Boxes at both sidewalk entrances to our 2 buildings.
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 11:21 AM
We have no lifeguard on duty at our HOA, which has a swimming pool & spa. We do have a couple of cameras directed at the pools and 24-7 security to monitor them. So, here, IF ( hasn't happened in 15 years) someone gets locked in or in other difficulty they'd be observed by security or our mgr. & Asst. mgr., M-F 8-5.

How long is too long when you're locked in? One minute? Ten minutes? An hour?

I'm thinking zero.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By DanaT on 07/28/2016 10:58 AM
Does anyone else live in an HOA that has a community pool, that also has no "Life Guard" requirements?

My parents had a house in an HOA with an unattended pool, after my father passed, my mom bought a condo in an association with unattended pools. I think that is pretty common here in Florida. In neither case were there any access controls during the day, I'm not sure if the gates were locked at night or not.

Escaped former treasurer and director of a self managed association.
MichelleK5 (New York)
Posts: 161
Posted:
We do. Our HOA in NY has a pool without a lifeguard.
But no one under 18 is allowed at the pool without an adult. Not sure if it's an NY state requirement or an insurance one.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By DouglasK1 on 07/28/2016 11:56 AM
Posted By DanaT on 07/28/2016 10:58 AM
Does anyone else live in an HOA that has a community pool, that also has no "Life Guard" requirements?


My parents had a house in an HOA with an unattended pool, after my father passed, my mom bought a condo in an association with unattended pools. I think that is pretty common here in Florida. In neither case were there any access controls during the day, I'm not sure if the gates were locked at night or not.

Florida must have some very Pro-HOA Laws. It would seem that the liability issues alone, would require at lease self locking gates at a minimum. This is what I found for residential pools in Fl.

"515.27 Residential swimming pool safety feature options; penalties.—
(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
(a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b) The pool must be equipped with an approved safety pool cover;
(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet;
(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515.html

I also found this article. It seems that HOAs in Florida, took a beating in 2010, for meeting new Safety measurements, concerning their pools. One HOA spent $200,000.00 to meet the new codes / requirements.

http://www.floridacondohoalawblog.com/2010/10/articles/operations/community-pools-are-subject-to-health-department-regulation/
KerryL1 (California)
Posts: 14,550
Posted:
As I explained further above, Mark, it's very easy to move poolside chairs to the 4-ft. fence and climb out. I think I could handle being locked in for quite a while if I were physically unable to climb out.

I'm a little confused; are some suggesting the pool gates should not be locked at all?

Access to ours are with assigned fobs. The gate mechanism are deactivated from 10p-5 Sun-Th. & midnight -5a, Fri./ Sat. We have had no problems with fob access.

I can see 2 other condo high rises' pools from my balcony and they have no life guards, so I think it's very common here and legal too.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 12:49 PM
I'm a little confused; are some suggesting the pool gates should not be locked at all? Access to ours are with assigned fobs. The gate mechanism are deactivated from 10p-5 Sun-Th. & midnight -5a, Fri./ Sat.

Now, I am confused. Is your statement above stating that you leave your pool access unlocked, from 10am to 5pm? Or are you stating that your FOB is deactivated to prevent, anyone from entering?
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Dana, locks are deactivated so that no one can enter during the periods that the board doesn't want anyone to use the pools. We also are able to deactivate the fobs of residents if they/their Owners' privileges have been suspended for disciplinary reasons.

Deactivated here means the fobs won't work.

PitA
Posts: 1,416
Posted:
I'm a little confused; are some suggesting the pool gates should not be locked at all?


NO

We are stating that the gates must self close and be child/infant proof FROM THE OUTSIDE but be ALWAYS openable from the inside whether 'fob access' or not.

Entering may be limited but exiting must ALWAYS be available.

Like a 'food service' refrigerator or freezer may be locked to prevent entry but MUST have a provision for release of door from the inside. An override device.

PERIOD
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 2:05 PM
Yes, Dana, locks are deactivated so that no one can enter during the periods that the board doesn't want anyone to use the pools. We also are able to deactivate the fobs of residents if they/their Owners' privileges have been suspended for disciplinary reasons.

Deactivated here means the fobs won't work.


Thank you! Now the light bulb went off. I am still trying to wrap my head around the idea of getting trapped inside of anything, especially a pool. As far as having locks to keep children from wondering in, that is wracking my brain as well.

This is a rare occasion I think, I can speak for every member in this forum, to state, no one would want to be advised that a child had drowned, due to the lack of locking devices attached to their pool.
KerryL1 (California)
Posts: 14,550
Posted:
Our gates do everything that you say PiTa.

I obviously have written very unclearly, Dana. The two pool gates alway are locked and can be accessed with a fob from the outside. From the interior of the pool area, we push a button that allows the gate(s) to be opened. The button can't be reached by someone from the outside of the pool.

I don't understand your reference to "getting trapped," so I must have been especially murky (twice) about how simple it is to move a lightweight poolside chair to the 4' fence and climb out. I must not have stated clearly, either, that in 15 years no one has been "trapped" inside the pool area as the gates always have worked properly, are maintained regularly and are inspected weekly by our engineer.

All under 14 must be accompanied by someone 18 or older. In addition to two cameras, staffed 24-7 with monitors, dozens of condos have close-up views of the pools an many others, further views, e.g., 17th floor vs. 3rd floor.

The pool area gates are deactivated by security staff most nights at 10p (as I wrote above), some at midnight, as stated above. They reactivate the gates at 5am every day.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 12:49 PM
I'm a little confused; are some suggesting the pool gates should not be locked at all?


Lock everything you want to lock to keep people out. But if you use locks that also keep people inside you exposed yourself to potential criminal and civil penalties. If someone is locked inside an enclosed area you could be held liable for any injuries they may suffer as a result. Sure, you would have no problem but how about Mrs. Jones, who cannot get to her medications because she is locked in? Are you personally willing to accept the liability for the wrongful death lawsuit her children will file?

The law supports you locking unwanted and unauthorized people out of your property. It never supports locking them in, even when they should not have been inside in the first place.

KerryL1 (California)
Posts: 14,550
Posted:
I assume you missed my most recent attempt to explain our enclosed pool area, Larry? Why can't I explain it so folks understand. Maybe my brain has frozen!
KerryL1 (California)
Posts: 14,550
Posted:
I assume my most recent attempt to explain our enclosed pool area crossed with your post, Larry? Why can't I explain it so folks understand? Maybe my brain has frozen!
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 2:45 PM
Our gates do everything that you say PiTa.

I obviously have written very unclearly, Dana. The two pool gates alway are locked and can be accessed with a fob from the outside. From the interior of the pool area, we push a button that allows the gate(s) to be opened. The button can't be reached by someone from the outside of the pool.

I don't understand your reference to "getting trapped," so I must have been especially murky (twice) about how simple it is to move a lightweight poolside chair to the 4' fence and climb out. I must not have stated clearly, either, that in 15 years no one has been "trapped" inside the pool area as the gates always have worked properly, are maintained regularly and are inspected weekly by our engineer.

I was addressing the follow comment. I did not respond to your quote to say I DID NOT understand, but that I DID UNDERSTAND. The rest of my comment was directed at: "My parents had a house in an HOA with an unattended pool, after my father passed, my mom bought a condo in an association with unattended pools. I think that is pretty common here in Florida. In neither case were there any access controls during the day, I'm not sure if the gates were locked at night or not".

I hope this helps your brain freeze!
KerryL1 (California)
Posts: 14,550
Posted:
I think, then, that the confusion involves the "My Parents..." which isn't from me, but Michelle. So, apparently my brain didn't freeze.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/28/2016 7:46 PM
I think, then, that the confusion involves the "My Parents..." which isn't from me, but Michelle. So, apparently my brain didn't freeze.

BINGO!
PitA
Posts: 1,416
Posted:
From the interior of the pool area, we push a button that allows the gate(s) to be opened.


Said button needs to be a mechanical over-ride, not merely an electronic switch.

or

Have an ADDITIONAL mechanical over-ride.

or

A 'failsafe' electronic lock which fails OPEN - very expensive.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By PitA on 07/29/2016 4:37 AM
From the interior of the pool area, we push a button that allows the gate(s) to be opened.


Said button needs to be a mechanical over-ride, not merely an electronic switch.

or

Have an ADDITIONAL mechanical over-ride.

or

A 'failsafe' electronic lock which fails OPEN - very expensive.

Very good advice! I did a quick google search and most electric / key pad / fob all come with a mechanical override lever to exit the pool. Power off, pool is closed, as well it should be, due to pumps and filters not working. Power off, engage the manual lever and exit.

https://www.google.com/?gws_rd=ssl#q=pool+gate+fobs+with+mechanical+emergency+releases
KerryL1 (California)
Posts: 14,550
Posted:
I don't know how the interior buttons work that permit exit form the pool are. I do know that our very strict fire marshall visits all high rises around us regularly and visits us too. He just gave us another clean inspection so I assume our 15 y.o. pool exit mechanism is completely legal, and has been year after year.

IF the pool needs to be shut down, as occasionally been the case, no one is in the pool area when fobs are deactivated.
PitA
Posts: 1,416
Posted:
Quote:
Posted By DanaT on 07/29/2016 5:09 AM
Posted By PitA on 07/29/2016 4:37 AM
From the interior of the pool area, we push a button that allows the gate(s) to be opened.


Said button needs to be a mechanical over-ride, not merely an electronic switch.

or

Have an ADDITIONAL mechanical over-ride.

or

A 'failsafe' electronic lock which fails OPEN - very expensive.


Very good advice! I did a quick google search and most electric / key pad / fob all come with a mechanical override lever to exit the pool. Power off, pool is closed, as well it should be, due to pumps and filters not working. Power off, engage the manual lever and exit.

https://www.google.com/?gws_rd=ssl#q=pool+gate+fobs+with+mechanical+emergency+releases

D'OH
MarkM31 (Washington)
Posts: 351
Posted:
It's real easy, electric strike and a store room function lock set
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By PitA on 07/29/2016 10:48 AM
Posted By DanaT on 07/29/2016 5:09 AM
Posted By PitA on 07/29/2016 4:37 AM
From the interior of the pool area, we push a button that allows the gate(s) to be opened.


Said button needs to be a mechanical over-ride, not merely an electronic switch.

or

Have an ADDITIONAL mechanical over-ride.

or

A 'failsafe' electronic lock which fails OPEN - very expensive.


Very good advice! I did a quick google search and most electric / key pad / fob all come with a mechanical override lever to exit the pool. Power off, pool is closed, as well it should be, due to pumps and filters not working. Power off, engage the manual lever and exit.

https://www.google.com/?gws_rd=ssl#q=pool+gate+fobs+with+mechanical+emergency+releases


D'OH

What? You don't like it when people praise your advice?
PitA
Posts: 1,416
Posted:
My D'OH was intended to reinforce your advice which agreed with mine upon the non agreeers to whom such a requirement SHOULD be obvious.

The D'OH was a COMPLIMENT to you for stating the obvious.

This topic is similar to the double lock sided deadbolt issue.

Most people confuse the concept of 'dead bolt' with the concept of 'key lock'.

The 'storeroom lock' mentioned in a previous post would be a 'live bolt' as would any 'key in knob' lock.

A deadbolt is a 'square' bolt operated with EITHER a lever or a key.

NO double keyed deadbolt lock is permissible in a residence. Regardless of 'security concerns' of a French Door, they are NOT ALLOWED for fire egress purposes.

All these issues should be OBVIOUS to a person of average intelligence.

EXITS should NEVER be locked from the inside.

Exception: Commercial structures which have a documented 'sweep' plan in effect such as a large department store or a secured confinement building which is MANNED 24/7/365 such as an asylum or jail.

The volunteer directors of many HOAs are actually CLUELESS and create many dangerous situations.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Chris:

I would agree with TimB4 ... this is potentially a fire or local government ordinance violation. Most HOA pool gates allow anyone to exit wiithout a key or code and only requirie codes for entry. Another example would be hotels ... You can enter pool area via your access key; however, they must provide an exit without any key needed. Potentially your HOA needs to review State and Local laws regarding pools and access to pool areas.
JoyceR2 (Virginia)
Posts: 156
Posted:
Seems you should have a vendor to call for malfunctions/repairs. What would a reasonable person do? Probably call an emergency number. Every key in every community should be tracked. You get a key, you sign and in this case a board approval to be the contact point. Got a lock box then someone would need access to that and again who and authorization. Just being a board member should not give any one access to anything without a majority of board approval.

Then there should be some laws, state, county etc.

Post "In case of Emergency protocol". Provide a list.

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