Board Pool Rules VS Documents/ByLaws/Statutes

Started by RosalieP1 • 6 replies • 141 views

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RosalieP1 (Florida)
Posts: 13

Posted:

Anytime there are any issues that are not addressed in our HOA documents, our BoD makes up their own rules and votes to approve them without any resident input. These are not amendments, just a bunch of do's and don'ts on any number of topics. This time it's new pool rules. They have decided that the Florida State law on our pool occupancy should be lowered. Only commercially bottled water in plastic bottles allowed in pool area. No insulted type mugs or stainless steel tumblers. Do not swallow the pool water. Only diabetics are allowed a snack in the pool area. There are more but you get the idea. Management/the BoD reserves the right to terminate pool privileges to anyone who violates these rules. There has been a lot of discussion on the validity of these board made rules which are not contained in any of our documents, Florida Dept of Health public pool regulations or Florida public pool statutes or laws. Some say these new rules are merely guidelines and not enforceable or fineable offenses. I am not sure either way. Does anyone know.

KerryL1 (California)
Posts: 14,550

Posted:

Your CC&Rs (covenants, declaration, deed restrictions) should say if your Board may make Rules without owner input. This doesn't at all mean they may vote. Are all rules combined together in a special document with the name or similar?

This ability for the Board to make rules also would be in state statute and you need to know if you're a condo HOA or a SFH HOA. I don't think Ive seen an HOA where owners could actually vote on rules.

Look up Rules in the Definition section of your CC&Rs to see what the Board may do in the regard. In my state, Rules are considered a governing document and though Owners have no vote, they must be notified of the Board's proposed new rules by US mail, and owners can provide written feedback for a subsequent board meeting.

In FL, now, ,as I understand it, Owners may speak to any agenda item at the required open board meetings. Were these new Rules stated on your open meeting agenda?

I can see why the Board wants to keep food out of the pool area given all of the pests there-- did a couple of years in Miami. But I've never heard of such a rule? I don't see why diabetics can snack inside instead of at a picnic table outside the pool area?

Is clear plastic required b/c it's "no alcohol" area. And the Board doesn't know about vodka?

LetA (Nevada)
Posts: 2,679

Posted:

Many of the pool rules come from local health departments due to risk of injury or death. Unless you have a lifeguard or security guard
on site, they are hard to enforce. The rules and guidelines are there to shield the HOA from a potential lawsuit.

Our board adopts the out of sight out of mind. That don't stop the once in a while individual that drags a cooler and BBQ grill to the pool
and turns on a 1kw music karaoke system. Then we send out security to shut it down and fine the homeowner.

Generally we know someone will put vodka in a plastic water bottle, or Captain Morgan & Coke in a tumbler and some will
snack on cheese cubes and grapes while soaking in the jacuzzi.

As long as it's not abused, then there is no reason the board should take action.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By RosalieP1 on 11/07/2024 6:20 PM
Anytime there are any issues that are not addressed in our HOA documents, our BoD makes up their own rules and votes to approve them without any resident input. These are not amendments, just a bunch of do's and don'ts on any number of topics. This time it's new pool rules. They have decided that the Florida State law on our pool occupancy should be lowered. Only commercially bottled water in plastic bottles allowed in pool area. No insulted type mugs or stainless steel tumblers. Do not swallow the pool water. Only diabetics are allowed a snack in the pool area. There are more but you get the idea. Management/the BoD reserves the right to terminate pool privileges to anyone who violates these rules. There has been a lot of discussion on the validity of these board made rules which are not contained in any of our documents, Florida Dept of Health public pool regulations or Florida public pool statutes or laws. Some say these new rules are merely guidelines and not enforceable or fineable offenses. I am not sure either way. Does anyone know.

If your board is adopting regulations, they are enforceable with fines.
I really don’t see any of the regulations you listed as unreasonable.

It’s a pool, not a picnic area.

No mugs and tumblers and commercially bottled water is to prevent smuggling alcoholic beverages.

Swelling the pool water, not certain how you enforce that one,

SheliaH (Indiana)
Posts: 6,964

Posted:

No argument with most of what's been said here. These rules seem pretty reasonable to me - I'm diabetic and if I need a snack, I'll eat it away from the pool so it doesn't attract pests. Not swallowing pool water should be a matter of common sense, but kids don't automatically know that and grown people can and do act stupid (such as leaving a mug on the ground where someone might step on it or its contents might spill and you end up with water, chlorine, rum and coke making a big mess).

As for the occupancy issue, you could run that past your county health department - that could be what tge board did and that's why the number's being reduced. Actually, have you asked them WHY these rules have been established- perhaps there have been many complaints on certain issues or they've seen other associations get sued because they didn't have some rules regarding behavior.

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

KerryL1 (California)
Posts: 14,550

Posted:

Oh, I see. Many HOAs, esp. SFH ones, have other areas on their premises where residents can eat, snack, drink out of non-car plastic containers, etc. ?

Is it typical to have no-alcohol rules at HOA pools?

In my urban condo bldg., and many near me, the picnic area is IN the pool area.. We do have two big gas grills outside the pool area; gate is a few feet away. That area has two tables w/4 chairs each tho' 6 could fix.

Since the land is so expensive, it doesn't make economic sense to developers to use if for picnicking outside the pool areas.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Both the Florida Condo statute and the Florida HOA statute say the board has the lawful right to adopt "reasonable" rules for the use of common areas. The pool is a common area.

I see nothing unreasonable in the rules you listed.

If you need the statute section that states this, please indicate whether this is a condominium.

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