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LetA (Nevada)
Posts: 2,679
Posted:
My HOA hired a new pool cleaner early in 2016. On November 1, 2016 the pool company without being instructed to do so chained the gates, prohibiting
access by association members. I contacted a BOD who was not aware why the gates was chained. I called the CM who said it was a mistake, the pool company "assumed"
we close the pool on November 1. Fast forward to yesterday November 1, 2017. Again the gates was chained, the BOD had no clue, and the CM said most
HOA's close their pool on 11-1. This pool company has been cleaning the pool for nearly 2 years, they should know better not to close our poll. and since this
happened before, I feel our CM has the responsibility to tell the pool cleaners not to chain our gates.

I there are other house keeping issues I have with this pool company like chipping and pitting mortar in the hot tub one year after the pool and hot tub
was re mortared.

I feel this is a violation of or CC&R's, I feel like filing a complaint with the FHA and ADA because I use the hot tub exclusively for hydro therapy for arthritis and back, neck and nerve pain. I don't have the time or money for doctor office therapy visits.
Something needs to be done to get the board to fire this pool company, we didn't have these problems until this pool company came along.
DouglasM6 (Arizona)
Posts: 724
Posted:
Your complaint needs to be with the HOA. The Management company AND the pool cleaner answer to them.
FredS7 (Arizona)
Posts: 927
Posted:
To channel another poster

Y'all elected the board and y'all can elect a board that will tell the management company to tell the pool company to straighten up and fly right.

As far as other things are concerned- you are greatly over-reacting- I am certain, without looking, that no ADA regulations limit closing dates for HOA pools.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Keep in mind that the ADA doesn't apply to private pools.

The FHA does.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had a pool cleaner. She sometimes had to lock the pool during her shocking it. Can't let people swim for some time while that is going on. Usually had to lock the gates whenever we found a "foreign floating object" or kid swimming without a diaper protector. Which meant a day closed for an additional shock treatment.

I normally took care of the pool in addition. Mostly cleaning up and keeping an eye on it. Our clubhouse bathrooms exited outside to the pool area. Our lawncare people would use them when they came to mow. Well she locked the pool one morning. I get a complaint sent to our box. It appears one of the lawn care people decided it was best to relief themselves in their yard. She had walked out the door to see "Mr. Wizard" in progress.

So things like this happen. Not going to go to the highest mountain to shout. Instead you go to your board and explain the importance of the situation. It may not be that important to other people that you get to use the hot tub during non-season pool time.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 11/02/2017 3:02 PM
Keep in mind that the ADA doesn't apply to private pools.

The FHA does.

True. Weirdly enough in Florida, condo pools are considered private but HOA pools are considered public and subject to a much wider range of health department regulations. I don't think the opening or closing dates of one's pool season would be a matter for even the fair housing laws, and certainly not the ADA.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LetA on 11/02/2017 12:49 PM

I feel this is a violation of or CC&R's, I feel like filing a complaint with the FHA and ADA because I use the hot tub exclusively for hydro therapy for arthritis and back, neck and nerve pain. I don't have the time or money for doctor office therapy visits.

Something needs to be done to get the board to fire this pool company, we didn't have these problems until this pool company came along.


What you feel and what is actually FACT regarding your CCR's are two different things. Do your CCR's state specific dates and times that the pool will be open or closed? Or is that left up to your board to determine as needed? Your ONE day of the pool being closed (November 1 of each past two years) in your opinion means the board should fire their pool company???

LOL ... My local City has had to close their pool for one reason or another periodically ... so should I file a complaint with the FHA or ADA? Potentially they would roll their eyes at your complaint. WHY ... because as you have noted for your AREA (generally most pools close 11/1 and would be an honest mistake) and potentially your CCR's do not note specific dates your pool will be open and which is left to your BOD to determine as neeed.

LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By JanetB2 on 11/02/2017 11:09 PM
Posted By LetA on 11/02/2017 12:49 PM

I feel this is a violation of or CC&R's, I feel like filing a complaint with the FHA and ADA because I use the hot tub exclusively for hydro therapy for arthritis and back, neck and nerve pain. I don't have the time or money for doctor office therapy visits.

Something needs to be done to get the board to fire this pool company, we didn't have these problems until this pool company came along.


What you feel and what is actually FACT regarding your CCR's are two different things. Do your CCR's state specific dates and times that the pool will be open or closed? Or is that left up to your board to determine as needed? Your ONE day of the pool being closed (November 1 of each past two years) in your opinion means the board should fire their pool company???

LOL ... My local City has had to close their pool for one reason or another periodically ... so should I file a complaint with the FHA or ADA? Potentially they would roll their eyes at your complaint. WHY ... because as you have noted for your AREA (generally most pools close 11/1 and would be an honest mistake) and potentially your CCR's do not note specific dates your pool will be open and which is left to your BOD to determine as neeed.


Our CC&R's clearly state the pool is open year round. Honest mistake, no. Mind you they cleaned the pool last winter Nov 1 through March.
Goes to reason WHY they would close the pool without being instructed to do so..
"Assumption is the mother of all F--K ups.", Marcus Penn, (1995)

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