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BrianL8 (Ohio)
Posts: 10
Posted:
Our community of 68 condos sold out two years ago. We have a great clubhouse and pool. Total is residents is just over 100. We have 24 chairs around our pool, although the pool capacity is stated at 43. Our Policies and Guidelines state '3 guests per household'. Some of our residents feel that number is unfair. There is another small complex just down the road from us. They allow 1 guest, once a week. I'm curious what other associations have. Although at many times the pool is under utilized, it would only take a few residents bringing in multiple guests to create an issue. What is the situation at your pools?
MichelleK5 (New York)
Posts: 161
Posted:
Apparently I live in a very laid back HOA that has very few restrictions.

That said, we only have about 35 homes, and there are no restrictions as to how many people are allowed at the pool.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I say it doesn't matter until the pool capacity is reached at 43. Then you have concerns of safety. We just make sure that the member has to be with the guests.

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
We had a reservation form for 10 or more guests, 30 days in advance and provide an additional insured policy of $100K liability.
KerryL1 (California)
Posts: 14,550
Posted:
Condo towers of 200+ units. Ours Rules & regs. originally stated 5 guests per condo unit. But, using the proper rule change procedure in CA, we deleted that rule as unneeded. We only have 3-4 days a year when all our poolside furniture is taken. (13 loungers, 20 table chairs).

Our pool capacity sign says 68 (!!), but I've never seen more than 20 in it and that's rare.

Our rules also say residents must accompany guests.

Why, Brian, do some think 3 is "unfair." Too many? Not enough?
BrianL8 (Ohio)
Posts: 10
Posted:
Quote:
Posted By KerryL1 on 08/08/2016 7:52 AM
Condo towers of 200+ units. Ours Rules & regs. originally stated 5 guests per condo unit. But, using the proper rule change procedure in CA, we deleted that rule as unneeded. We only have 3-4 days a year when all our poolside furniture is taken. (13 loungers, 20 table chairs).

Our pool capacity sign says 68 (!!), but I've never seen more than 20 in it and that's rare.

Our rules also say residents must accompany guests.

Why, Brian, do some think 3 is "unfair." Too many? Not enough?

The original Policies and Guidelines had 3 per household. It was removed for awhile since the complex was only half built. We're full up now. We're not a 55 and over community, but there are only two of our 68 condos that have kids. With most of the residents being older, there are some that just want to go and relax quietly. We're just trying to find a balance. Since the original rules stated 3 guests, we're going back to it.

MarkM31 (Washington)
Posts: 351
Posted:
Who does the counting? I see nothing but trouble as soon as some creepy older guy starts pestering children about where they live.
BrianL8 (Ohio)
Posts: 10
Posted:
Quote:
Posted By MarkM31 on 08/08/2016 8:32 AM
Who does the counting? I see nothing but trouble as soon as some creepy older guy starts pestering children about where they live.

Yeah, I'm one of the creepy old guys. The rule states (as you would expect) that guests must be accompanied by an adult resident at all times. So the kids aren't approached. We just keep an eye out for a resident up there with more than 3 guests.
MarkM31 (Washington)
Posts: 351
Posted:
Have fun and knock yourself out.

What do or would you do if somebody told you to buzz off?
KerryL1 (California)
Posts: 14,550
Posted:
So, Brian, "unfair" means that more than three would disturb those who just want to relax? Still not sure what the issue is. Basically trying to reduce children, "Marco Polo," etc.?

Our demography sounds like yours, very few children here maybe a few babies. But we do get grandkids, parents who have weekend custody & other visitors with children.

When we do have more folks--say summer weekends, it would impossible to discern who has 3 guests.

BrianL8 (Ohio)
Posts: 10
Posted:
What do we do? Well, the situation has forced us to document a fee structure similar to other HOA's. This wasn't in place before. The only thing in our rules regarding penalties was $25 for not cleaning up after your dog. Based on the pool issue, we figured we had better have something in place before we have a similar issue on another rule. I think one of the reasons the residents are violating this and other rules is that they aren't being enforced, and there is no deterrent such as a fee structure. It's a shame it's come to this, but we can't let residents continue to abuse the rules. It may sound petty, but the Board needs to be respected.
MarkM31 (Washington)
Posts: 351
Posted:
What does 43 mean? In the pool? Or in the pool and the ancillary patio?
BrianL8 (Ohio)
Posts: 10
Posted:
Quote:
Posted By MarkM31 on 08/08/2016 9:35 AM
What does 43 mean? In the pool? Or in the pool and the ancillary patio?

I went over and checked, and I'm not sure what the 43 refers to. I didn't see it listed anywhere. I was just given that number by another trustee. The pool has 650sqft of surface area, so that could mean in the pool itself. I wouldn't want to be in there with that many though!
BrianL8 (Ohio)
Posts: 10
Posted:
Quote:
Posted By KerryL1 on 08/08/2016 9:24 AM
So, Brian, "unfair" means that more than three would disturb those who just want to relax? Still not sure what the issue is. Basically trying to reduce children, "Marco Polo," etc.?

Our demography sounds like yours, very few children here maybe a few babies. But we do get grandkids, parents who have weekend custody & other visitors with children.

When we do have more folks--say summer weekends, it would impossible to discern who has 3 guests.


A couple residents want 5+. We had proposed "adults only" last year for the hours of 11-2. We were told this was discriminatory. It is better phrased as "residents only". Regardless, the intent was argued last year (even though it was only 3 hours a day) and we dismissed it for the year. So this year we went back to our original wording in the Policy of '3 guests per household'.
MarkM31 (Washington)
Posts: 351
Posted:
Are you also going to enforce the 43 rule?
BrianL8 (Ohio)
Posts: 10
Posted:
I hope we never get that many at one time! But yes, that is probably critical that it be enforced. I'm sure that we are liable if we allow it to get exceeded and there is an accident. Based on what I've seen though, the 43 should not be an issue. With full concrete around the pool and only 24 chairs, I'm sure folks won't be staying if they have to sit or lie on the concrete.
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By BrianL8 on 08/08/2016 12:39 PM
I'm sure folks won't be staying if they have to sit or lie on the concrete.

Never assume.

Kids may just prefer to stay in the water. So you could exceed your number.
MichelleK5 (New York)
Posts: 161
Posted:
Quote:
Posted By BrianL8 on 08/08/2016 12:39 PM
I hope we never get that many at one time! But yes, that is probably critical that it be enforced. I'm sure that we are liable if we allow it to get exceeded and there is an accident. Based on what I've seen though, the 43 should not be an issue. With full concrete around the pool and only 24 chairs, I'm sure folks won't be staying if they have to sit or lie on the concrete.

We generally never have more than 3-5 people at the pool when it actually does get used. But ours a very small HOA made up of mostly second homes, half of which are on a lake.

This year, one of our neighbors decided to have a "pool party." Friends, family, and neighbors all went. There weren't enough loungers so people brought their own chairs. So yeah, if people want to, they'll find a way.
PitA
Posts: 1,416
Posted:
OH ~ MY ~ CREATOR

CHILDREN AT THE POOL !

RUN

RUN FOR YOUR LIVES !

THE HORROR ~ THE HORROR
BrianL8 (Ohio)
Posts: 10
Posted:
Quote:
Posted By PitA on 08/08/2016 1:52 PM
OH ~ MY ~ CREATOR

CHILDREN AT THE POOL !

RUN

RUN FOR YOUR LIVES !

THE HORROR ~ THE HORROR

Hmmm. You sound like a certain resident I know. Only goes to the pool when she has a handful of grandkids she wants to impress. As mentioned, we're only trying to find a balance for those who want to bring guests, and those who go to relax and read a book.
PitA
Posts: 1,416
Posted:
Quiet hours: 10 AM - 2 PM
No sound producing devices.
No loud voices or yelling.
No boisterous behavior.

Annoying persons will be shot.

ps. the library is available for silence and book reading

the pool is available for splashing and fun
SheliaH (Indiana)
Posts: 6,964
Posted:
Another reminder of why I'm glad we got rid of our pool! When we had it, each house (we have 156 townhomes) was given 4 passes. Everyone had to have a pass and at least one person had to be the homeowner or someone who lived in that house. We had a pool monitor who would check for passes (he was given a list of names and addresses of eligible homeowners). Delinquent homeowners didn't get passes and weren't allowed to use passes belonging to a current owner.

Personally, I think 3 guests per household is fine - like you, we were also concerned about noise and trespassing (once kids got really rowdy and the monitor had to shut down the pool for the rest of the day). I think if you enforce the "owner must be present with his/her guests" rule, you might be ok. Owners should also be told they're ultimately responsible for their guests' behavior, so if people start acting crazy, they and the homeowner will be asked to leave.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
See my above Brian for our demography, which sounds like yours. I'd say 350 days a year, even in our sunny warm climate, we rarely have more than maybe 6 pool users a day. I have a good view of our pool from my condo.

I'm saying that those who want to lie quietly by the pool & snooze or read have may days and hours when they can do exactly that. If like us, your reset also have a balcony or patio, those are good places to lie & sun & read.

Like us, maybe you have a few lap swimmers. We have 3-4 regulars & one does do laps in the late afternoon so he has traffic sometimes. He's retired and can do his laps anytime. The others do theirs in the morning when there's rarely anyone at the pool.

If a condo has 2 residents, typical here, and want to bring their son/wife & 1-3 grandkids, your rules prohibit that. That seems overly rigid to me.

We have pretty strict rules; among them are:

Under 14 most be accompanied by someone 18 + older
No running, shouting, roughhousing, dunking games.

As PiTa points out, pools are for fun; sunbathing/reading can be done anywhere. I believe it's picky & unrealistic to try to create a "balance" between the two activities.

MarkM31 (Washington)
Posts: 351
Posted:
Fill the pool in with concrete. The result will be four fold:
1) No more noise and splashing
2) The quite area for reading will be expanded two-fold
3) The issues with too many people will be no more
4) Less guests
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MarkM31 on 08/09/2016 8:37 AM
Fill the pool in with concrete. The result will be four fold:
1) No more noise and splashing
2) The quite area for reading will be expanded two-fold
3) The issues with too many people will be no more
4) Less guests

The noise and crowing issues might disappear if you no longer have a pool, but that only gets rid of one location where this may happen. You can still have the same problem at a clubhouse, tennis court, an individual home, etc. It doesn’t sound like Brian’s community is at that point, so I think they should concentrate on establishing and enforcing rules regarding conduct and limits as to how many people can be there at any time to ensure health and safety.

Here are two more ideas – first, you might want to check with your local health department to see what it says on pool capacity. Perhaps they can give you some ideas on how to best ensure health and safety. Second, if the pool capacity is 43, perhaps you can set a cutoff point at, say 35, for residents and their guests. Once you have that number of people in the pool area, only residents will be permitted and once you hit a capacity of 43, admission is closed until the number goes down to 35 or less.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM31 (Washington)
Posts: 351
Posted:
Who does the counting?
SheliaH (Indiana)
Posts: 6,964
Posted:
If they have a pass system and give a pool monitor a current list, he or she could check off people as they come in. Again, it doesn't sound like the community has a huge problem with overcrowding (at least not yet), so I would monitor the numbers for now and see if there's any major drama.

I would also poll the homeowners to see what they might be willing to live with. They should be told the Board is looking for the best way to ensure RESIDENTS are able to enjoy the pool (after all, that's why the thing was put in and they pay the water and maintenance bills), but there are concerns about overcrowding if a few people bring in 5-10 (or more) guests.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DonA2 (Arizona)
Posts: 170
Posted:
If you are trying to restrict access because some people want quiet so they can just read a book, it sounds like they are picking the wrong place to read a book. Pools can and will be noisy. Reading a book should probably be done elsewhere.

If you haven't had an overcrowding problem in the past, what try to solve a problem that doesn't exist?
KerryL1 (California)
Posts: 14,550
Posted:
You said it a lot better than I did, Don!
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By DonA2 on 08/09/2016 9:16 AM

If you haven't had an overcrowding problem in the past, what try to solve a problem that doesn't exist?

I think this post by the OP may explain a lot

Quote:
Posted By BrianL8 on 08/08/2016 9:07 AM

Yeah, I'm one of the creepy old guys.

BrianL8 (Ohio)
Posts: 10
Posted:
Thanks Mark. You're a great help. The question was asked "who's the creepy old guy that has to approach the children". I was elected to be a leader, and so I would be one of the one's asking the question. Likely not necessary to approach the kids, since as stated, an adult resident must be with them at all times. In the few times that I have had to question, I did not do it at the pool. I approached them later so as not to embarrass them.

I get the impression that most of the respondents are not HOA trustees, and feel that there is little need for harmony in their community. Let's just let everyone do what they want. Rules are for someone else. What one person wants for their community is irrelevant. Tailor everything to the 51% that want something else.

I just saw nothing wrong with looking for a balance to keep everyone happy. Sounds like some of the communities represented here could be rough places to live.

We can end it now. I've heard enough.
MarkM31 (Washington)
Posts: 351
Posted:
I think most of us are actually on boards.
DonA2 (Arizona)
Posts: 170
Posted:
I'm on the Board of our HOA and we have a pool.
KerryL1 (California)
Posts: 14,550
Posted:
I've served on our board for 10 years, Brian, and thought with our demography our HOA was comparable to yours tho' ours is larger. I believe Ive been respectful.
PitA
Posts: 1,416
Posted:
Tailor everything to the 51% that want something else.


Welcome to a Democracy.

We were once upon a time a Republic.

No longer ~ Jefferson has already rolled in his grave.

69 years young and like to splash,

'codger' John
BrianL8 (Ohio)
Posts: 10
Posted:
WTF?

You must be smoking something?
DonA2 (Arizona)
Posts: 170
Posted:
Quote:
Posted By BrianL8 on 08/09/2016 4:34 PM
WTF?

You must be smoking something?

You say this like it's a bad thing...
PitA
Posts: 1,416
Posted:
Quote:
Posted By BrianL8 on 08/09/2016 4:34 PM
WTF?

You must be smoking something?

I was merely quoting and replying to a post in this thread.

'Most' HOAs are not simple Democracies but have a 'Constitution' / Covenant which requires a 'super majority' of 67% for change.

This is SPECIFICALLY so that a simple majority may NOT impose its will upon the membership.

Just like the USA Constitution figure of 2/3, as opposed to a mere 51%.

ps. we became a Democracy in the '30s when we began direct popular voting for Senators.

prior, Senators were elected by our Representatives

pps. Hashish
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By PitA on 08/10/2016 4:15 AM

'Most' HOAs are not simple Democracies but have a 'Constitution' / Covenant which requires a 'super majority' of 67% for change.

This is SPECIFICALLY so that a simple majority may NOT impose its will upon the membership.

Just like the USA Constitution figure of 2/3, as opposed to a mere 51%.

Actually, most of that is incorrect. The US Constitution only requires a simple majority of votes cast for any matter. Bills become veto proof when they have a 2/3 majority.

And most CC&Rs only require 67% (or sometimes even more) to change the CC&Rs. Normal functions of the board or general body normally only require a majority or rarely plurality.

Welcome to the 51%
MarkM31 (Washington)
Posts: 351
Posted:
And I know that PiTA didn't post that info, he only quoted it.
PitA
Posts: 1,416
Posted:
To change the constitution requires 2/3.

To change 'most' covenants/restrictions requires 2/3 or more!

Of course most laws or rules and regs or BOD actions require a simple majority BUT said laws or rules and regs or actions must be in compliance with the constitution or the covenants.

So, if the covenant grants right of guests to enjoy use of the amenities w/o specifying a maximum # the BOD may not modify said right w/o a super majority vote to amend the actual covenant.

... basic HS Civics 101 (circa 1962) ...

re the pool issue: the STATE authority having jurisdiction has set a maximum # of pool occupants

case closed
PitA
Posts: 1,416
Posted:
ps. not sure what you think I quoted

my answer may have been sloppily worded (like many CCRs) but I was referring to constitutional CHANGE/amendment

the nit has not merely been picked, but drawn and quartered

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