And When the Lamb Opened the Next Two Seals

So when our previous PM left, he didn't renew the pool permit. Our new PM sent in the renewal late, and the people were impatient, and a crowd of residents impossible to number shouted "How much longer will we suffer without our swimming pool?!"

Then a couple of days ago our new PM told us that the pool inspector had stopped by our pool[0] and we can't open the pool until we have a pool permit. And we can't get a pool permit until we have the fence replaced[1]. Plus "a few other minor things" that are unknown to me at this time. Our PM then proceeded to leave town until early May to attend to an urgent family situation.

Fortunately, one of our new pool committeepersons[2] got a fence bid last Friday. It's slightly south of $50K. There's a 4-5 week wait to begin construction. However, the City of Austin recently passed new regulations on rod iron fences that may make it impossible to build an effective anti-trespassing fence here anymore - we're still awaiting word on that.

I'm wondering how to politely suggest that someone get a second bid. I guess it is not strictly required, but between you and me, I have no idea if the bid is reasonable or not.

I think the fence-work bid is a capital repair / enhancement that can be approved outside of an open meeting. Otherwise, is getting the pool fence repaired so we can open the pool an "emergency"? (I'm not really seeing it as a matter of safety, health, or property).

The other two Board members: one is clueless, the other has been gone for the past two weeks. I'm sorta wondering if we'll make quorum. The clueless Board member is also trying to rush things along because he hopes to be elected President at the next open meeting.

I actually do wonder about the "emergency" aspect. And what up with the pool inspector? But honestly this is mostly just venting with a certain amount of schadenfreude: when the neighbors break out the torches and pitchforks, they won't be headed to my house.

Best regards,

Bill

[0] I suspect there may have been one too many phone calls to the pool inspector's office. This is pure speculation.

[1] It seemed like something of a technicality to me, something about one or more gaps in the fence being too wide. Ie, the fence is not seriously damaged, nor has it commenced with grabbing and eating passing children, etc. Frankly, our motivation for investigating a new fence is to keep trespassers out. And if my neighbors were given the choice between a new 8ft fence that is smooth on top per CoA regulations, or the old 6ft fence with homeless trespassers impaled on pointed spikes on top ... I'm guessing we could probably buy a really nice waterslide gizmo for $50K.

[2] "operating pool committeepersons", really, since there's no President to appoint Committee members or chair, and in fact it's not clear that the pool committee actually and officially exists.

Our Department of Health pool inspector hated our previous PM. We were constantly being cited for something or another - even had to have the pool resurfaced and lots of other work done. It's not unreasonable to suspect that your inspector found quite a few things that they didn't have to.

That fence bid does sound high, and why not get a second bid? It's not like there aren't plenty of contractors in Austin.

If I were on this board, this would be my top priority. People don't care about anything that doesn't effect them, so the roof on the clubhouse could cave in and as long as they never saw it they wouldn't want to spend money on it. But closing the pool as you are heading into summer in Texas? That's an emergency.

?

Your second sentence seems to contradict your first.
Neither "emergency" nor any similar word appears in TPC 209, as far as board decision-making is concerned.

First, I commend you for continuing to think like a board member should – which is a lot more than I can say about your colleagues (P-words, all of them!) Once again, they’re finding out what you had to put up with as president and it’s not fun being in the hot seat, so they’re in the freeze mode of fight/flight/freeze/fawn reaction. If you haven’t heard of the “fawn” response, Google it – that may be their next response if they’re not already there.

You didn’t say if the fence was broken before the previous manager left – if so, that may explain why he didn’t apply for a new permit. Unfortunately, your current manager isn’t much better – I understand having to leave town on an urgent family matter (I’ve had to do it myself), but shouldn’t the board been made aware of what was going on up to that point so they could do the necessary follow up?

Yes, there should have been at least two bids for the fence (I prefer three) and it’s not about being polite – it’s about making sure the association gets the biggest bang possible for the buck, so speak up.

“Reasonable” is subjective, as you’ve heard me say more than once, so you and your colleagues will have to consider the bids vs. current finances and other community needs – among them, paying pool monitor/lifeguards, cleaning the pool and all the other stuff . Anyway, the others will either listen to you or they won’t – considering the torches and pitchforks are at the gates already because the pool isn’t open, they may be more inclined to listen this time.

By the way, I agree with Dean – I realize Texas is in or heading towards the ninth circle of hell weatherwise (and for other reasons, but I won’t bring up politics), but considering last summer’s wilding out, these people need to shut the hell up and wait until the work is done – or get out their checkbooks to pay the fines for not having the proper fence. This is a detached single home community and I assume there are outdoor faucets – they’ll just have to make do with getting a plastic blow up pool from the hardware store and fill it up, At least the little ones will be happy. And maybe the dog will sneak in and sit in it as well. If they don’t like it, the city pool should do, or they can join the Y and use that one (some have outdoor pools). Or a water park (how far are you from Schlitterbahn or Six Flags?)

(The pool committee person or whatever he is seems very competent – maybe someone should ask him if he’d consider joining the board!)

It was not for people but most likely animals. Nothing like a dead squirrel or frogs in a pool...

If we are talking about dirt (as opposed to concrete) beneath the bottom of the fence, I think the inspector was worried that a depth of four inches or more could be achieved by a clever child operating on a moon-less night at 2 AM and then stuffing his hapless, younger skinny brother through said gap, whence said younger skinny brother would jump into the pool and drown. Four inches appears to be the limit in Texas.

I think the frogs and squirrels are going to get in regardless of what a HOA and inspector do. Clever that they are, they will eat the lamb that opened the seals and enjoy a Haggadah reading all at once, or at least until the locusts arrive.

I don't have time to do my usual 20+ paragraphs of commentary :/ but - you're very right about this. Although I suspect their experience with the fence might dissuade them of wanting anything to do with the board ever again.

Re the HOA being responsible for repairing the fence: yup, we are. I have not yet seen the entire list of defects but without going into mind-numbing details, the biggest issue is along the lines of what JulieH described above re improper gaps. So it's not like some child in the wading pool is at risk of getting stabbed by an errant fence-post. IMHO our biggest liability issue with the pool and the fence is that we have so many homeless people trespassing in and out that I fear an encounter where someone is going to get injured.

Bill

Is there a temporary fence possibility?

It’s a good idea, but I just got a copy of the inspector’s report, and no, it’s not possible.

Bill