Pool Parties (search not working)

I suspect that some of your requirements are mutually exclusive - for example, "nor can we afford a lifeguard" and "allowing pool parties in a safe way".

Before making the decision, I suggest doing some fact-finding:

* Talk to your insurance agent about the risks you're looking at right now, even without parties. You may be under-insured.

* Get some legal advice about whether or not "kiddie parties" violate Fair Housing laws. Adult-only parties are a violation, and I don't know why the reverse shouldn't also be true. Basically you can't restrict pool use for anybody in the community. (I am not a lawyer, though, so you need knowledgeable advice.)

* Many communities require minors below a certain age to be accompanied by adults. Pool parties for kids would probably violate this reasonable safety precaution.

* Who will pay for damages to the pool area and cleanup? It's not reasonable to pass on the costs of a private party to the entire community (who've been unable to use the pool while the private party is going on).

My opinion given the facts you've stated is that these parties are a no-go. Keeping 70% of the community out of the pool while a minority of homeowners have private functions does not sound reasonable to me - and that's without the potential legal and liability issues.

Kid Pool Parties =
Increased liability for all HOA members.
Increased costs to maintain and repair the pool, pool area, pool accessories.
Decreased availability/opportunity to use the pool by HOA members.
An idea/opportunity that only about 30% of HOA members could utilize.

I don't feel the pros outweigh the cons, so my vote would be no. That is what is best overall for the community as a whole. Likely similar reasons for your documents existing as they currently do.

We don't allow either of our pools to be rented out for private parties because that would be depriving homeowners of the ability to use an amenity during the hours they are supposed to be open. It's one thing to rent out the clubhouse that is a "private" space and another to rent out the tennis courts or pool. Pre-covid we would once in a while we do have a community sponsord BYOB by the pool but since that was open to all it wasn't a conflict.

The liability issue with kids and pools is huge, but if you have enough insurance that isn't really a factor. And the issue with liability for outsiders isn't a big deal either. I spoke with our insurance agent about outsiders using our facilities and he said it's the same whether it's a homeowner or not and the policy covers everyone.

If you really wanted to have a community sponsored pool party, you could ask every guest to sign a waiver and hire a lifeguard. For private parties you could do the same - insist on a copy of the sponsor's homeowner's insurance and that they must hire a lifeguard. Make the fee high enough to cover the extra maintenance - after a kid's party I would want the pool vendor to come and adjust the chemicals. Also the cost for cleanup of the pool area.

We do not have a restriction on the number of guests you can bring to our pools so once in a while we get a group of kids accompanied by parents for a small party. We had one complaint recently from a homeowner who said the kids were ruining her experience but when I got there the kids were gone and the complaining homeowner was drunk so who knows what actually happened.

On a personal note, I was at a backyard pool party for elementary kids where the homeowner had a lifeguard and there was still a child that newrly drowned and had to have CPR and be taken to the hospital. Because of that personal experience I would never vote to allow pool parties at our pools.

The association I currently manage allows members to host parties at the pool subject to certain conditions.

The pool cannot be rented for exclusive use - it must be open to other residents and the party must be during regular hours. Max guests 20 non-residents. Members must remain at the pool for the entire party. There’s a form they fill out, and a long list of things they must agree to regarding trash, decorations, behavior of guests, food and beverage, ratio of adult to children.

This should be a pool rule for any time, not just during social events.

Also be sure to phrase this as "“any person who is not toilet trained or is incontinent must wear appropriate swim diapers under their swimsuits”. Otherwise you'll have a Fair Housing issue...

Our pool area and smallish BBQ area may not be reserved and must be available for all of our residents all of the time it's open. I'm kWh most others. Nay.

I understand about little ones having fun, but the board's duty is to the HOA as a whole, not any particular individuals.

As far as liability being " the boogeyman" goes, any board that fails to consider this is grossly neglecting their obligations. You can't protect yourself from bad outcomes unless you anticipate them. It seems like every summer we see articles about a little kid that drowned in a pool. If that's your HOA's pool, do you imagine that companies will be lining up to insure your association in the future? And what will be the effect on homeowner's finances when premium rates shoot up or the HOA becomes uninsurable? And do you suppose homeowners who insisted on pool parties will be thinking warm thoughts about their boards if this happens?

The thing to remember about social media is that two or three people can make a lot of noise, giving the appearance of controversy. But, in the end, it’s still just two or three people; “full of sound and fury, signifying nothing.”

To me, this seems to indicate that the people seeking to change the rule and allow pool parties want things their way, and their way only, and are being unreasonable. If they want to change a rule in their favor, it would be in their benefit to seek compromise rather than conflict. Unless you are an advocate for trying to accommodate these folks and allow pool parties, then I suggest not considering things any further. It is an easy decision to enforce the rules as written and simply indicate that a change of the rules will not be entertained.