Posted:
How do you not know if this is or isn't the HOA's pool? Is it in someone's backyard or at the clubhouse (assuming you have one)? What do your assessments pay for - if part of the money goes to maintain the clubhouse and the pool is in that area, it would appear this is HOA property. Also check your association budget - there should be line items for pool maintenance if this is, in fact, association property.
Our community had a pool when I moved in, but we got rid of it (finally!) a few years ago. Trespassing was one of the issues we had, but that's often the case, whether the pool is fenced in or not (that's why some insurance companies call them "attractive nuisances). Your community's problem is there are no rules whatsoever and without them, you have chaos - along with a huge liability risk if someone should get injured or drown.
As for the discrimination issue, it may be some people think your suggestion would only require renters to have keys to the pool, and that probably would be a problem. There's an easy fix to that - EVERYONE should be required to have a key and homeowners, whether they rent out their homes or not, are ultimately responsible for keeping track of them.
Following are some of the rules we used to have for our pool - take a look and bring this to the board to ponder:
Every home will get X number of passes for the pool (or keys). A maximum number of users will be set, with residents receiving priority if necessary. One pass per person so if you don't have one, stay out of the pool.
There will be a replacement fee if you lose your key.
A pool monitor will be hired by the association to check for passes - if a homeowner is delinquent in assessments, he/she, members of his/her household AND his/her tenants will not be allowed to use the pool until the account is brought current. Delinquent homeowners/tenants/household members cannot access the pool on a neighbor's pass
(To keep some semblance of order, our pool monitor was an off duty cop and he had the authority to shut the pool down and send everyone home if they couldn't behave).
Establish a set time for pool hours - no access before or after that time. Depending on the county health department rules in your area, you may also need to do weekly inspections to ensure the water's chemistry is ok so people can swim in it.
Kids and adults who have continence issues (you know what I'm talking about!) should be required to wear swimming diapers if they use the pool. If they do #1, #1.5 or #2 in the pool, it will need to be closed immediately and cleaned. Homeowners or their guests who are responsible for the mess will be required to pay for the cleanup.
No pets in the pool - this rule doesn't apply to service animals (yes, there's a difference between service vs. therapy animals - learn the difference and then talk to animal control and perhaps a disability rights organization to ensure your rules don't discriminate
Note a pool monitor isn't the same as a lifeguard - check with the health department to see if you're required to have one. If not, you need to make it clear this is a swim at your own risk pool, so parents and grown folk who can't swim or can't swim very well need to act accordingly. Put another way, parents need to ensure someone who can swim is with their children when they use the pool.
One way to help establish sensible rules is to work with your association insurance company so you can reduce the association's risk
So let's review - check your documents and budget to see where the pool falls in. If this is the association's pool (sounds like it), have a sit down with your association insurance company and the county health department to see what sort of rules should be set. You may want to send some draft rules to the homeowner for their review and comments before the board votes on a final version. Send the final version to everyone with an effective date, hire a pool monitor and/or lifeguard and begin enforcement. Have fun!
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius