We didn’t make it 36 hours …

Our pool finally opened for the season - more than a month late - on the 25th of May.

In less than 36 hours, we had some nekulturny resident shouting noxious racist (and other) slurs at one of the lifeguards.

Even though I’ve sworn to stay out of pool stuff this year, I still got called in on it. Our new pool committee doesn’t know how to deal with it. They aren’t particularly interested in learning how to deal with it, either.

The lifeguards have refused to come back today; they don’t feel safe. I totally get it.

Sorry, just venting.

Bill

I think your Board approved some new rules at an open board meeting really recently, BillD. Is this disgusting conduct now in violation of your rules? If so, call the SOB (or DOB) to hearing ASAP and throw the book at them with as heavy fines as your new rules allow. They may be in violation of more than one of your rules so list all that the resident broke.

Our HOA, for example, has rules against yelling and shouting in the pool area, so along with violating our rule against rude, etc. remarks to staff, add the noise nuisance violation. Recall that, unless your rules say otherwise, it's the home owner who's called o hearing.

If your PMC sends out eblasts now is the time to direct them to send a very strong one that disrespect of the LGs not being tolerated and will involve an immediate call to hearing.

We have added a paragraph on our website on the Pool page stating that this type of behavior will NOT be tolerated and will result in Immediate suspension of all amenity privilege's. (no hearing required). Furthermore, this should be reported to the law enforcement, who will investigate and can charge the person with Disturbing the Peace, or use of a terroristic threat.
Question - do you hire your lifeguards directly? Or are they employees of your pool management contractor? I can not imagine the HOA being responsible for hiring and monitoring the life guard staff.

The police were called. It took them 75 minutes to respond. By that time the resident had left.

I'm not certain what the jerk could have been charged with. I know that in Texas it's not assault unless there's also a laying on of hands. There was none of that here. I'm aware that in some states assault can be purely verbal. But not currently in Texas.

Yes, we do have new, improved pool rules. But they really don't add much to what we've already got (as someone mentioned in another thread, the Board already has the *tools* - what it lacks are the *cojones* to use those tools). I expect we'll talk to our lawyer tomorrow and get the low-down, but I believe we are still constrained by TPC 209.0051, which requires a lengthy process of notifying the jerk, there's a hearing process, etc.

I'm attempting to distance myself from all pool-related activities - we have a Pool Committee that is supposed to handle this stuff, but it's like they've been struck dumb by this new part of the job - but I'm thinking that I'm willing to put in the time and effort to see the member discipline process through for this. *IF* the Board can agree on it.

Bill

Sounds very good for these emergency or safety situation!s. So BillD & his board can "take action without a meeting" and suspend the violator's pool privileges Tonight, right?? Well, suspend the owners' privileges?

It's a shame BillD's pool had no LGs on Memorial Day.

In my Cali, HOA the soonest a board can take action is via an "immediate call to hearing" for violations in these safety/emergency situations. It'd be in executive session.

Sounds like your board and the pool committee is stuck on stupid. I don't know whats going on with lifeguards these days, but when I was a kid
you didn't mess with the lifeguards because they had the power to make your existence a living hell.
Someone should point out to the committee and the board on what could happen if worst case scenario happens and someone files a lawsuit against
the HOA and brings the FHA into the matter.

I believe BilD also has written that the pool Comm has NO charter. We don’t even know if the Board voted to appoint them. How are they supposed to know what to do???

This is all on the Board. IT MUST ACT. THAT’S WHAT REAL BOARDS DO.

You got hammered last year for trying to bring order to the pool, only for Dragon breath lady to show her behind, then the board folded in front in of her and her don't give-a-damn landlord, and then they trued to dump you as president? Didn't I tell you they would come to regret it?

Yep, they're still P-words - just wait until they have no choice, but to keep the pool closed due to the lack of lifeguards..

Anyway, this isn't your problem - you tried and they wouldn't listen, so let them and the pool committee figure it out. Sooner or later it'll come to them. If you want, make your suggestions, but try, try, try not to get sucked back in to running the show. It's time your colleagues and (especially) the homeowners learn actions really do have consequences (aka FAFO - if someone hasn't seen that acronym, Google it). Meanwhile, refer the complainers to the board president.

(Didn't you say in another conversation you were thinking of stepping down in another two months or so? Hope you last that long)

The thing is, Shelia, that BillD is on ht board, but form reading all of his posts, the current & past Boards have been very, um, easygoing, about enforcing anything. Also note that the "Pool Committee" comprises two young, newer owners. Bill has not said if the Board even formed (approve) this Committee. We know it has no charter.

The other thing is, the Board has not had a president in several months tho' we know bylaws require a president.

I think it's time for BillD's Board to pay attention to LetA's warnings. This Board may be found liable for all kinds of half-assed cursory action or inaction about all manner of things.

Well, another thing, and Bill. can correct me if I misremember this, their Board has had a lot of resignations since last October. So it's now the bare minimum of three, when it maybe can be from 3-7? Or IS 5 or 7?

They had a PM change since last October. They only hold rare open Board meetings-- one last Oct. and one this month. Yet it's a sizable HOA, one that I'd think would meet monthly. They seem to make decisions online a lot. Bill has never shown that these many decisions are recorded in the next open board meeting minutes as required in Texas.

I think Lisa, who's replied, is a property mgr. and knows that TX 209 w somewhere says the Board can suspend amenity privileges immediately (tho' the alleged violator has an opportunity to present their "side" later to tryand get their amenities reinstated.)

Ah, I knew you were very experienced, just forgot. There are a few of us who post here who've served on Boards seriously & actively for 10 more years. I think I recall that the LGs at Bill's HPA have an employer and they aren't direct employees of Bill's HOA. But I might've that wrong too.

I'm really glad someone from Texas is contributing to BillD's topics, Lisa.

Sure, fine, send your troubles our way.

Fortunately my community doesn't have a pool or any other amenities - fewer things to argue over.

And ban the user.

Oops! I'm sorry about that. (in truth, I didn't know she was moving at all but when she announced it, several people brought it quickly to my attention).

I'll be leaving office at the annual meeting in a few weeks. I'm pondering what I'll need to do to cover my rear-end. I gather that this is a somewhat common paranoid thought shared by many people leaving office. I can only hope I'm not an exception to that. I've been looking through the local CAI chapter's site, looking for someone Just In Case.

Bill

Well - I’ve had what I believe was a more “challenging” time in office than most. While (I think) many people appreciate my efforts, there are a number of people who *don’t*; it’s not impossible that one or more of them run for office and decide to target me. Additionally, we had a new PM since Feb, and over time I’m discovering that she’s not very honest and instead of helping and executing things, she seems quite focused on calling all of the shots and telling us what to do. For example: I initially ran for the Board because many people were unhappy about too many violations and the way that the PMC was controlling the Board). I was somewhat successful with making that stop. Now the new PM wants to get moving on doing violation patrols again. She’s been told several times (not just by me) that we’re not interested in heavy enforcement of violations. But she ignores that and says “but I have to do it” and how it improves property values yadda yadda. When pressed, she guessed that she’d probably write about 50 violations a month for our ~600 home neighborhood. Long story short, as soon as I’m out of office, I expect to get seriously “violated”. It doesn’t help that the weather around here is so screwed up that it’s nearly impossible to keep up a good lawn - there’s always going to be something objectionable if someone looks close enough. And the enforcement policy has this barbaric 6-month probation period thing on it, I don’t know why, where if you cure a violation but get dinged for it again within 6 months, it’s considered a continuation of the earlier violation and fines begin accruing. Yes, I’ve tried to change this. I’ve complained to this PM’s boss with no effect. Maybe some good new people will be elected to the Board? I guess it could happen.

So I’d like to be wrong on this, but yeah, I think I need to cover myself here.

Bill

So it looks like what you're worried about BillD is violation notices on your lawn??

As is so often the case with your "Board," individual directors try to order the PM a round and nothing happens. That's because BOARDS--the collective-- govern non-profits. Boards with their votes make decisions about what directions/orders to give the PMC.

Now, if her MC' contract with your Board is that she's supposed to strictly enforce your HOA's rules, etc., then she DOES "have to." If there is no such thing in the contract, the Board needs to direct her with its votes. You may certainly place that on your last board meeting's agenda. The Board has every right to (if OK in the contract) vote to limit the number of violations, for example, she writes a month.

Btw, my HOA also treats violation as a continuation if they recur w/in a 6 month period. Fines can potentially be doubled if the same violation is repeated. This is in our Rules & Regs..

Recalling all of the heat you took and that your current Board, or what's left of it, voted you our of the office of president (but chose no new prez--bizarro--thereby ignoring your bylaws) I don't recall anything in particular that would generate any individual board members on revenge acts against you. So remind me if I've forgotten. OR, maybe breathe deeply, relax and enjoy your new found less-encumbered time.