Pool Parties

Have you talked with your insurer to see if you have adequate coverage? Is the HOA protected if this group provides their own lifeguard (how will you know if it isn't just somebody's friend who won't be paying any attention)? At what point does your private pool become a public pool that must be ADA compliant? Depending on the answers, any of these could be a reason to say "no".

Lori,
I am just remembering back to my Ca. days and we would require large groups for wedding and other larger parties to have their Insurance company write a rider for a single day event and release the HOA from any liability. This was a pain for some owners to get and costs under $200 many years ago.

This type of coverage gives the HOA a little relief but if a negative event were to happen lawyers make sure they drag all parties into a suit.

It’s ok to be overly cautious regarding a lifeguard vs. a regular teenager or adult. At least the lifeguard would also know CPR. There’s also the possibility that 30 people may multiply into 60 or more because kids discuss the parties on social media, someone (or several people) repost the details someplace else, and suddenly you have a mob of people, most of whom you’ve never met.

When we had our pool, we never rented it out – you could use the clubhouse attached to it and that was all. Ours was a small pool so we didn’t require a lifeguard, but we also had off duty cops serving as pool monitors so everyone there had a pass and the homeowner had to be current with all fees.

We used to send out the passes automatically but then began requiring people to write in if they wanted a pass (4 per unit) and before they got the pass, they had to sign a form listing the pool rules and there was language stating they understood they and their guests would have to abide by them.

Even that didn’t entirely slow down some of the mayhem, so we ended up getting rid of the pool! To this day, none of the homeowners who remembered it are overly concerned that it’s gone.

Since you can’t close down the pool for other homeowners, you may as well say no to this – at least until the board does some research on liability issues and decides the best way to proceed if they want to go that route.

“It is not possible to reserve the pool or BBQ area.” This heads the pool rules in our Rules & Regs. They both should be available for any resident who wants to use them. 30 ppl. In my HOA pool or BBQ area would definitely deprive others of use.

No.

Did you check your CC&Rs carefully about your ability make rules about the pool? Ours for example say that the Board may limit the number of guests in our pool & BBQ area and Socila lounges. We had an original rule of limiting each condo unit to 6 person in the pool area. But it was plain silly as so few resident had that many or more guests. And on a busy day, one wouldn’t even know who’s with what “group.”

As unenforceable and unneeded we deleted that rule.

I have an eye on Fair Housing law and how HUD has gone after HOAs and condos for pool rules that "discriminate" against kids (and so discriminate on the basis of familial status). A gathering of adults would not require a lifeguard, but a gathering of kids would?

This is why I proposed immediately creating a rule limiting the number of guests one could bring to the pool. It's age-neutral. It goes toward safety. It keeps an eye on the very real possibility that there may be an occupancy limit for this pool. Public pools have occupancy limits. I do not know if HOA pools do. But it seems reasonable to me to suggest that overcrowding increases the chances of a drowning. If the HOA approves the party and so knows the pool is going to be particularly chock-full of people, then I do not like the liability risk.

Regarding enforcement: If an owner reports a problem with another owner's guests or an out-of-control party, then as always, require documentation. Ideally security cameras are mounted in the pool area.

My former HOA had a limit on guests and had security cameras. The cameras confirmed complaints often, and the board took disciplinary action accordingly, with the perps caught red-handed.