special needs

Started by LowellH1 • 7 replies • 237 views

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LowellH1 (Georgia)
Posts: 21

Posted:

We have a home owner who allows her sister to come to our pool, often with the homeowners' gate fob. The sister has a special needs kid who basically runs around the pool deck, throws peoples shoes, glasses and anything else he can get his hands into in the pool. The sister and this kid do not live in our neighborhood. The sister also has a non communicative daughter who has had an accidental bowel movement 3 times in our pool at this point. The sister does not live in our community. So I need your help. We have homeowners in our community who will not come to the pool when they see this kid there. I don't want to discriminate against a handicapped kid but we have to protect the rights of the people paying the dues of our HOA. Help me please.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Do you hold the owner responsible for the actions of their guests?

This is what you need to do.

SheliaH (Indiana)
Posts: 6,964

Posted:

What Tim said. Have a talk with the owner AND her sister and let them know this is their first and last warning - from now on the owner will be financially responsible for the association 's cleaning if the family poops in the pool and they will be asked to leave (escorted out if necessary) if the kid throws other winner's belongings everywhere.

To ensure there's no selective enforcement, publish something in the community newsletter and/or website reminding everyone of the rules. You don't have to name names, but the board should be enforcing the rules regardless of who violates them.

If it continues, suspend the owner's access for a few weeks. In our community, we had an owner who did the same thing and she lost her access for the rest of the summer.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why does this have to be a "special" needs thing? People with "special needs" still have to follow the rules. If this person has no rights to be there, then kick them out. Tell the member that they are no longer allowed there due to the incidents. Plus send them the bill for the clean up. They owe the HOA money if they damage the area.

I am not sure why it is "heartless" because they have special needs. It's vandalism and abuse of shared elements. Why should it be any different?

Former HOA President

MichaelT21 (Arkansas)
Posts: 501

Posted:

I would recommend asking your association attorney for advice as people with special needs have special protection in our society.

If you allow a homeowner to bring regular guests, you may have to allow homeowners to bring special needs guests as well.

I am not sure you can fine or bill a homeowner for the actions of a disabled guest, legally.

A consult with an association attorney would be a very good idea here.

MarkM19 (Texas)
Posts: 1,459

Posted:

Lowell,
I would look at your Pool rules and your ByLaws. Our Pool rules state that the owner must be present with guests. The way you have made it sound is that the guests use the Pool, and the owner is allowing it.

There is a fixed cost to correct the Pool chemicals after an "accident" is found in the pool. I am sure that your vendor passes that cost onto the HOA plus labor. You should be able to pass that on as a Fine if you know for sure who did the damage. I agree with Melissa it should not matter who the person is that is causing the damage.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MarkM19 on 07/19/2022 7:24 AM
Lowell,
I would look at your Pool rules and your ByLaws. Our Pool rules state that the owner must be present with guests. The way you have made it sound is that the guests use the Pool, and the owner is allowing it.

There is a fixed cost to correct the Pool chemicals after an "accident" is found in the pool. I am sure that your vendor passes that cost onto the HOA plus labor. You should be able to pass that on as a Fine if you know for sure who did the damage. I agree with Melissa it should not matter who the person is that is causing the damage.

Good advice.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree with Michael about consulting the HOA's attorney. The "special needs" issue may push this beyond a nuisance complaint and into Fair Housing territory, so you need to make sure that the HOA is on solid legal ground before you act.

That said, a "reasonable accommodation" generally doesn't involve being able to violate the association's CC&Rs and rules, especially if these involve safety. Special needs or not, the kid has to behave and the accompanying adult must insure that this happens.

Document all of the instances of violations (dated and time=stamped written complaints from others, videos, photos, etc.). Hopefully your rules spell out penalties for repeated violations and will involve loss of use of the amenity involved. If not, get your rules in shape, and after you get the lawyer's blessing, enforce them.

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