PenyW (Pennsylvania)
Posts: 43
Posts: 43
Posted:
Hi Folks, I'm in Pennsylvania. We have 138 units in our development. Our Declaration specifies that above-ground pools are prohibited. A previous board decided that they would "permit" wading pools as an exception to that and placed the permission in the "Rules and Regulations", stating that kiddie pools were allowed, but they must be emptied every day and stored indoors. There are a number of issues here.
1. If the Declaration had intended for kiddie pools (that I believe are not classified as "above-ground pools") to be banned, the previous board would have needed to amend the Declaration, not just throw in an amendment to the Rules.
2. While emptying a pool to prevent stagnation is reasonable, the requirement for storing the pool indoors is extreme.
3. Claims that the Association could be sued if a child is injured or drowns in a kiddie pool don't ring true. Would the HOA be subject to a suit if a child riding a bike pulled in front of a car? It would seem that it is up to the individual homeowner to insure that there are no hazards on their property.
This all stems from one former board member who is constantly sending e-mails complaining about the actions of the new board. A majority of members asked us to remove the indoor storage requirement for kiddie pools, and we did. The former member is also in the process of selling their house, but insists on continuing to complain.
I'd appreciate your take on this issue.
1. If the Declaration had intended for kiddie pools (that I believe are not classified as "above-ground pools") to be banned, the previous board would have needed to amend the Declaration, not just throw in an amendment to the Rules.
2. While emptying a pool to prevent stagnation is reasonable, the requirement for storing the pool indoors is extreme.
3. Claims that the Association could be sued if a child is injured or drowns in a kiddie pool don't ring true. Would the HOA be subject to a suit if a child riding a bike pulled in front of a car? It would seem that it is up to the individual homeowner to insure that there are no hazards on their property.
This all stems from one former board member who is constantly sending e-mails complaining about the actions of the new board. A majority of members asked us to remove the indoor storage requirement for kiddie pools, and we did. The former member is also in the process of selling their house, but insists on continuing to complain.
I'd appreciate your take on this issue.