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DanaB1 (Connecticut)
Posts: 319
Posted:
I'm asking for a friend............
Condo building in SC with a pool. They are a part of a larger HOA.

Here is the problem in a nutshell......

The pool serves only 3 buildings of 6. (Their are 15 units per building.) The other 3 didn't want to be part of this pool, so they use the HOA Pool; but that pool is 1/2 mile away while this pool is 300' from their buildings.

Most recently we have had people bringing glass containers in the pool, leaving children unattended or failing to control them, allowing people without the proper pool pass to enter the pool, using the hose to wash pebbles into the pool area, eating at the tables and not cleaning up resulting in excessive ant activity, and swimming with their street clothes on."

The pool is not staffed.

Have you had problems like this? And what did you find to be the best way to handle it?

Thanks,

Dana

Jadedone4 (Virginia)
Posts: 495
Posted:
... pool staff, hired by the association. Do you have life-guards, pool management company? If so, they can provide staff to man the door (check passes, control behaviour, etc).
MikeS1
Posts: 668
Posted:
I keep hearing about communities with unattended pools, so I can only assume that perhaps, attendance is very low. The liability here is significant, so it's a little scary to hear that the pool is unstaffed. If I was doing a risk analysis, or if I were the insurance carrier that insured this community, I would be very nervous about this scenario. It sounds like an accident waiting to happen. You can put all the "Swim at your own Risk" signs, but they won't save your association from drowning if someone is hurt and the begin litigation. Besides the liability, there are usually very specific health codes that dictate where people can consume food near a pool and glass? Oh my. That's Nuts!
DanaB1 (Connecticut)
Posts: 319
Posted:
Jade,

There is no life guard and no pool staff other than the illegal alien that cleans the pool.

Dana
Jadedone4 (Virginia)
Posts: 495
Posted:
Dana, then I would suggest that you read, and print out MikeS1's response, and provide it to your friend. I community pool without a life-guard is (unfortunately) a timebomb accident waiting to happen.

I would also advise your friend to check with local health and municipal licensing agencies to assure that the pool is in compliance with local rules/codes, etc.

... as Mike stated I cannot fathom that an HOA would expose themselves to such liability, but having no guard, no attendents, etc...
MicheleD (Kentucky)
Posts: 4,491
Posted:
Out of the untold number of condos and apartments in our city and county area, not one has any lifeguards or regular staff.

All the polls have posted something similar to "no lifeguard on duty. swim at your own risk."

It would be more than uncommon to find a community here that had even a part-time guard.

PaulM (Pennsylvania)
Posts: 1,347
Posted:
DanaB1:
For your friend...it sounds like the pool serves 3 bldgs. --does this mean there are 45 residents (or more?) who are able to use the pool
What allows a resident entrance to the pool? Is there a pool pass? Do they have to pay to use the pool?

It is obvious if there is no lifeguard, or guard/staff at the pool to check pool passes, then your friend will experience the exact problems mentioned. It also speaks to those using the pool that they can do whatever they want, there is no one to monitor and say 'no'.
NancyD1 (Florida)
Posts: 447
Posted:

We do not have an attendant either a our pool. Our insurance agent suggested that we put up a sign with rules for the pool; Dawn to Dusk, No glass in pool area, No rafts, No children under 14 without parental supervision, etc. This helps with the liability issue.

Also I would suggest a scan card system. It is waved before a lock then the gate opens. You can give the scan cards only to those whom you want to have access. We use this system for all the common elements entrances. It is also taken one step further.A computer makes note of when and where that card is used. They have a number associated with them. If there is a problem we can look at the time and date stamp on the computer.

DwightT (Idaho)
Posts: 664
Posted:
I brought up the liability issue with our insurance carrier recently and he told me that since the pool is fenced and access is restricted, then there is no more liability than there would be for an individual with a pool in their own back yard. An HOA pool is usually a private accommodation, not a public one. As long as reasonable rules for behavior are in place, there shouldn't be any issues. Unless the HOA specifically did something to make the pool unsafe, I don't think a lawsuit would go anywhere.

However, I think the OP does have a potential problem. If the Board fails to set or enforce rules for behavior at the pool, they may be creating an unsafe environment, or at least allowing one to exist. Broken glass on the pool deck would be bad enough, but if that glass gets washed into the pool itself where it is hard to see, you have a disaster waiting to happen. Out of control kids can cause injury to themselves and to others.

Last year we had a similar problem at our pool: rowdy teens, adults bringing glass bottles into the area, etc. etc. We had people complaining about the situation, but nobody wanted to "confront" the people who were causing the problems. At the time our access system was a simple key-card that didn't record who was using the pool and was difficult to use.

This year we installed a new access control system that records each access. In addition we installed a video monitoring system to record activity at the pool. If we get a complaint about behavior, we can look back through the video to see what happened and who was causing the problem. It is then a simple process to disable their access. In addition we had two gentlemen volunteer to be the "Pool Committee" and take on the task of encouraging proper behavior (I don't really want to say "enforcing" since that ultimately falls to the Board). This year we have had far fewer issues than we did last year.

Ultimately the homeowners need to be reminded that this is their pool and they have the responsibility to police themselves. Let them know that if the problems continue, then the Board may have no choice but to either raise dues to pay for a full-time staff or to close the pool completely.
DanaB1 (Connecticut)
Posts: 319
Posted:
My friend emailed me to say that the pool belongs to 3 buildings with 15 units each but a fourth building can use it also and that building (21 units) pays $15 per door.

They have a pass card, a basic laminated card. The key card idea sounds very good; is it expensive. The camera is also a great idea.

I did find an article of an association being sued (and losing) because a 2 1/2 year old walked thru the broken gate and drowned. The found evidence that the manager and the board knew that the gate latch was faulty.

Dana
DavidW5 (North Carolina)
Posts: 565
Posted:
Just curious - who monitors the Ph and chlorine levels in the pool to insure compliance with health regulations? Most health depts. require these be checked on a regular schedule and recorded for later inspection. Who operates the filters? Having been involved in swimming my whole life, as a competitor, life guard, pool manager and official I cannot imagine swimming in a pool in which water quality in not regularly monitored. Hire a teenager at minimum wage, with Red Cross certification , as lifeguard and have them do these other tasks as well. If my HOA was collecting dues and failed to provide these essential services, I would request the local health department to conduct an inspection. Very likely they would shut the facility down until the problems were corrected.

Dave
PatrickH (California)
Posts: 204
Posted:
Dana,

I don't know of many HOAs here in Orange County California that have life guards or full time staff at their pools. Most just have a ton of signs that say things like Private Property No Tresspassing, No Lifeguard on Duty, Swim at Your own Risk, No Diving, etc., etc. They should talk with their insurance carrier to make sure they have every sign that would be required, and a few more just in case!

Dwight's suggestion of some type of electronic access sytem is very good, not sure if they can afford it if only 45-65 families are members of the pool.

We also installed an electronic access system at our pool last spring, but we have 300 families that share the facility. The computer, software and installion was about $ 1,500, changing the gate lock from manual keys to electonically operated cost about $ 500, the fobs that were distributed to the members were about $ 8 each.

I must say that the system has worked great for the past 18 months. The software is programmed not to allow the gate to open after the pool has closed for the night, so that pretty much elimated the late night partying.

We also have the videotape security cameras, so everyone knows that if they bring Fido in for a swim, or bring in a dozen friends for a beer blast, it's going to be pretty easy to track them down from the videotapes and the computer data that records who's fob opened the gate.
DanaB1 (Connecticut)
Posts: 319
Posted:
David, They do have a pool man that checks the pool daily and does all the things DHEC requires.

Patrick (and all others) thanks for the info. I really appreciate it and I'll pass the info along.

Dana
RogerB (Colorado)
Posts: 5,067
Posted:
A swimming pool is a MAJOR LIABILITY. No matter how high the fence, no matter how good the security, or anything else, I believe much more than adequate insurance is required. How many $millions might be awarded by a court if someone drowns and the HOA is found guilty? How many $thousands can each owner afford?
BradP (Kansas)
Posts: 2,640
Posted:
I agree 100% with Roger's statement. Someone mentioned that an HOA pool is a private pool, not public, that statement is incorrect. It is considered public access for ADA and Health Code regulations, even with controlled and limited access it is public. The Liability is so much greater, you have many families that are trusting that the Chlorine levels and PH levels are adequate, I once lived in a state that required chlorine and Ph level readings three times a days. Don't fall into a trap of thinking that it is a private pool and the liability is not higher because that isn't true.
GloriaM (North Carolina)
Posts: 829
Posted:
Down here in the South Counties do not mandate that pools are guarded. Now being from NJ where every pool has to have a guard, it was quite strange to me that the South does not mandate it.

In light of the above, I encourage our communities to have a lifeguard, especially those with high swimmer load with children. I also encourage the use of a key FOB which monitors the gate with the name and address of who is accessing it.

Dana, there are many options you could utilize without guards, posting of rules, mailing them to every Owner and tenant, hiring a gate monitor (a retired person works well for this job). Good luck
RobertK1 (Florida)
Posts: 2
Posted:
Pool security system? We are in need of change from a gate that anyone can open day or night. For next season we are thinking of a photo badge and also want to install a gate lock with a timer to eliminate after hours access. Would also like to facilitate card 'swipe' to determine user. We discussed having pool user turn over ID card while at pool and leave in possession of security guard. We also contemplated security cameras but recieved a ridiculous $5,000 bid for a system of 6 cameras. (I think $1,500 would take care of the pool area).
Which of these security measures does your community use and what advise do you offer? Would like brand names to begin research for start of new year.
PatrickH (California)
Posts: 204
Posted:
Hi Robert,

We have both a video monitoring system and a fob access system for our pool. Our video system was installed about six years ago, the fob system in the spring of 06.

Video recording systems have declined a lot in price over the past few years. You can now buy color cameras for less than we paid for black and white cameras. A commercial strength VCR is now around 400 dollars, less than half the cost of six years ago.

The newest thing in video recording is the hard drive recorder, a computer recorder with a massive hard drive that can record weeks of video at a time. The only drawback I see in the hard drive recorder is that to review it, someone has to sit at the computer and watch it. With our VCR system, we just take out the tape on a Monday, pop in another one and take the tape home to review at our leisure on a home VCR.

I'd recommend a four camera system because all four cameras can be recorded onto the videotape at the same time with a little $ 75 piece of hardware called a quad processor. It takes the feeds from the four cameras and puts each picture onto a quadrant of the videotape. If you watch the tape on a large home television, you can see everything quite clearly.

Cameras should be 150-200 each, the VCR around 400 and a quad processor about 75. Videotapes are about 12 bucks for a box of ten. The big unknown is the cost of installation. That's going to depend on where you want the cameras mounted and how hard it will be to wire them all back into the recording system.

For our pool access system, we went with the fobs over the swipe cards. The swipe cards are a lot cheaper, about $ 2 each compared with $ 8 each for the fobs. Our concern was that the swipe card reader can easily be destroyed by some idiot with a bottle of glue, so we went with the fob reader instead. The fob reader has no moving parts and doesn't need to be touched by the fobs, it shoots out a little radio wave to read the fob when the fob is waved within 8 inches of the reader. We're completing our second summer with the system and it's worked flawlessly so far.

If you're thinking of doing both systems at once, you may be able to get a discount on them. A lot of security access companies do both the access system and the video system, so you might to gets bids from several companies for each system individually and one for the complete project.
DwightT (Idaho)
Posts: 664
Posted:
A couple of comments on Patrick's post:

Many of the hard disk based DVR systems let you view the video over the network if you have the appropriate software installed on your PC (and the DVRs often come with the necessary software). I can check on events at our pool from home or from my office without having to chase down a video tape. Since the system automatically expires old video, we never have to worry about changing tapes. Our system can hold about 4 weeks worth of video. If I ever get around to getting motion detection configured, it will hold even more.

Access systems: not all card readers require the card to be swiped through the reader. The one we have is a proximity detector, which means that the card only has to come near the sensor - the same as if it was a fob. Cards are cheaper than fobs, but they are also easier to lose. Our system also has a keypad, so for this year we issued keycodes to each homeowner. There was some concern that some kids would give out their keycodes to their out-of-area buddies. That has happened a couple of times, but whenever there is an issue with rowdy teens or similar, we just disable the code and let the kid explain to his parents why they have to request a new code. End of problem.
BradP (Kansas)
Posts: 2,640
Posted:
I will echo Dwight and Patricks post and take is a step further:

Dwight is correct with DVR systems you can view it from another location and depending on what you get there are many that are not motion activated cameras so you don't have to sit and watch endless hours of video, just when something happens. 4 weeks is a long time to store video, you can cut that down a lot to save some money. The great thing about this system is if something happens and you find it you can save that portion of the file.

I have dealt with several access systems at work and here is my advice based on my experience. Steer clear from codes, as Dwight said they will be given out and when it is caught it may be too late. Stick with something that is hard to lose, fobs are great because you can put it on your keychain.
DavidH4 (South Carolina)
Posts: 35
Posted:
DwightT
Could you tell me the name of the access system you had installed and the approximate cost. Also, how expense was the video system etc and how hard is it to maintain?

Thanks
DaveH4
DwightT (Idaho)
Posts: 664
Posted:
We bought the access system and DVR together from a local security company, and the combined cost with installation and support agreement was around $10K. A bit pricey, but it has been worth it IMO.

I hope this doesn't violate the HOATalk posting guidelines about company info. The access control system is the "S2 Netbox" from S2 Security Corp. It it also accessible over the Internet so I can add users or lock down the pool from anywhere. It also has direct support for the DVR so that I can view the video feeds from the same web interface.

The DVR is a "Digital Sprite 2" from Dedicated Micros. Ours has support for up to 6 directly attached cameras (we are currently only using 4), but they also have models that support up to 9 or 16 cameras.

The web interface on the S2 box is simple to use, so it's easy to add users or disable access codes as needed. The DVR hasn't needed any maintenance yet other than accessing it occasionally to keep the internal clock in sync. The only real problem that we've had is the when the network router locked up after a brown-out and I couldn't get at either system. Had to power-cycle the router before I could get back in. So far both systems have been mostly trouble-free.
MelanieG1 (California)
Posts: 3
Posted:
Could you possibly forward to me the system that your HOA finally installed?
FredS7 (Arizona)
Posts: 927
Posted:
> A swimming pool is a MAJOR LIABILITY.

It's a terrible thing to live in fear.

So fill in the pool, take away the exercise equipment, padlock the barbeque, replace all the landscaping rocks with styrofoam.

That's why we have insurance, guys. And they won't sell it to us if they think it is likely we will have an accident. And if you don't think 3 million is enough, ask how much 10 million costs, I bet it's not a heck of a lot more because statistically speaking there aren't a lot of 3 million dollar awards.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
befor you 'fill it in' you will need to actually remove the entire concrete shell .... don't believe me? .... go check with your local 'department of natural resources' or whatever it is called locally

FEDERAL LAWS TRUMP ALL

(a buried concrete 'shell' is an environmental hazard)
JoniL (South Carolina)
Posts: 47
Posted:
In SC HOA swimming pool we to have issues. I would like input please. Recently we have been visited by previous renters. Neighboring children. Now we do not have keys nor fobs. It has become a free for all to whomever decides to come. No help from Board Members. No lifeguard or anyone monitoring anything. I had suggested solution of Keys distributed to Homeowners along with form to relinquish rites to pool while unit is being rented. Therefore renters may get key/ fob to enter pool, also to extend vinyl fence that can not be jumped! I was told by a wife of a board member that is discriminatory? She also said We are working with attorneys! Our pool has dhec sign which states 20 people,we are also 19 buildings of 12 units. Now if owner decided to visit pool and or their renters of say 5 then you have another issue of overload if several owners came and their renters. I hope to receive some input or answers to this issue. How do I show or try to prove to them this is the way to solve issue for all! Thank you
JoniL (South Carolina)
Posts: 47
Posted:
SC again guess my question is? Who owns the pool in HOA on private property?
SheliaH (Indiana)
Posts: 6,964
Posted:
This post began in 2007 and a lot can change in 11 years - start a different thread with your question so you'll get updated information.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By n/a on 08/18/2007 6:05 PM
I keep hearing about communities with unattended pools, so I can only assume that perhaps, attendance is very low. The liability here is significant, so it's a little scary to hear that the pool is unstaffed. If I was doing a risk analysis, or if I were the insurance carrier that insured this community, I would be very nervous about this scenario. It sounds like an accident waiting to happen. You can put all the "Swim at your own Risk" signs, but they won't save your association from drowning if someone is hurt and the begin litigation. Besides the liability, there are usually very specific health codes that dictate where people can consume food near a pool and glass? Oh my. That's Nuts!

What your saying makes sense but I think the opposite is true when it comes to lawsuits. If you are not required to have a lifeguard and you have signs stating, "swim at your own risk" where is the negligence? Unless there is something wrong at the pool that caused the drowning, there is no case. On the other hand, if you have a lifeguard and someone drowns, it's hard to argue that there wasn't negligence.

I think that a lot of attorneys would say the sign is less risky than having a lifeguard, which is why you see so many pools without lifeguards.

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