Private Swim lessons in HOA pool

What I would do based on what know and believe right now:

1) I'm less worried about a swim instructor than the party crowd who invites themselves to my HOA's pools. People learning to swim are less likely to drown and cause their families to sue the HOA. Swimming instructors sound like a good thing to me!

2) I have a "minimum necessary rules that have a matching enforcement system" philosophy. Is this rule necessary? Do we have a system to enforce it? If the answer to either of those questions is no I'm voting against the rule. And "relying on members to call in violations" is not a system of rule enforcement .

3) Read the liability insurance policy for the association. Does it say anything about swim instructors? If it doesn't specifically mention instructors then the instructor is a guest. Does the policy put any restrictions on guests- then that's the rule - and what is our system to enforce it?

Change my mind if I'm wrong!

This has happened over the years in our HOA, and we try and stop it whenever we find out about it. The boards job is to act as Fiduciaries on all HOA matters. This is a major liability for several reasons. Is the person licensed to instruct? Who gets sued if an accident happens? Our pool says that everyone swims at their own risk but by allowing this instructor access to our pool are we also responsible? Is this instructor trained in Life saving measures? Who checks for all the certifications?

IMO this is a benefit for 1 owner at the risk of all owners in your HOA.

So far, I agree. The instructor is a guest of the HOA member. I see no foul.

Just to Clarify my case a little bit. The person in our case was advertising and opening the gate for her clients when they came in for lessons. The owner gave this person her Key fob while she was not present which violates our rules.

I agree with EllN and Kelly if it is a single person helping mom or dad teach a kid how to swim. I do not think it is wise to allow a person to run a business out of an HOA pool when they are not even an owner.

There is always a lot, boards do not know that goes on in our pools and I personally do not go to the pool because as the president of our HOA if I see something and do not take action I am not doing my job and if I do correct something I am a Jerk. We tend to only get involved when someone brings things to our attention. This is why I always remind our owners at meetings that we have cameras but so do they. If they see something they shaould record it and we can take the information and decide what happens next.

Mark there must be a happy way to take action without being perceived as a jerk. What if your action - on observing a rule violation at the pool- was simply to document it and present it to the board for the board to take united action? This would avoid any contention the day you are at the pool, so you can enjoy your property, and the board can discuss and organize a smarter system of management to discourage or prevent the thing that is out of order.

Pool Chair. As Shelia put it, it’s “the job that eats your soul.*

When I was doing it, I would dutifully write up each incident: “the ___ family broke into the pool at 11pm and had a 30 person party with food and alcohol.” “Mr. & Mrs. ___ greeted the LGs with “are you the pool nazis?” and “will you save me if I’m drowning?” and vulgar language.” “A group of young tenants broke into the pool at 3am and had a party with liquor and glass bottles, which ended when one young woman vomited explosively on the pool deck.” “Mr. ___ challenged a LG and was asked to leave. Instead, he got in her face and wouldn’t leave and she called 911. Mr. ___ claimed to be the victim of racism and prejudice.” I have more: the woman who ordered our pool contractor around like he was her personal servant “fetch me that hose!”. The fellow on the landscaping crew who would teach ‘girlfriends’ how to break into the pool. The woman who brought her 8yo? son to the pool, sat and played with her phone while the boy turned each and every chair upside down, then they left without a second glance at the now inverted chairs. At least a couple of instances of a ‘failed swim diaper’ where the parent attempted to sleaze on out without being detected. I say “at least a couple” because these are only the incidents I’m aware of.

Each was dutifully reported to the Board, who refused to take any action. “We should be kind …” No. You should go clean up that vomit from last night.

If there’s a moral to the story, it is: make sure the Board is backing your efforts. And if you discover that they aren’t: quit the gig.