Changing Pool Rules w/o homeowners' approval

Started by LaneW • 9 replies • 1783 views

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LaneW
Posts: 3

Posted:

I'm new to our HOA Board. All residents signed a pool rules agreement when they purchased their home or when the new HOA took over from the developers two years ago. Within the rules is a stipulation that children over the age of 12 can use the pool unattended (i.e., no parent or guardian). This is a Type-B pool, so there isn't a life guard on duty. One of our board members thinks 12 is too young and wants to change the age to 18, basically not allowing any minor children at the pool without a parent or guardian. She also wants to do this without resident input. I disagree on several levels: I think 18 is too old for a restriction, and as homeowner in this HOA, I don't want board members making arbitrary changes to rules that we have already agreed to. Does anyone know what the legal responsibility is of the board to notify residents of any rules/regulations changes?

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Lane,

What is the source of this rule agreement? If it's in your ByLaws, you'd probably need an amendment that would probably require a Membership vote. If your BOD adopted the rule via its regulation power, you'd probably need a majority of your BOD to change it. Check your docs.

GordonD1 (California)
Posts: 131

Posted:

LANE:

CHECK THE SOUTH CAROLINA CIVIL CODES THAT GOVERN HOA.

In January of 2004, a new law was added to California Civil Code Section 1357.130(a) that requires a Board of Directors to give their association members thirty (30) days notice of any proposed rule change
they are considering so the members may offer comments and opinions on the proposed changes. (I AM VERY SURE THT SOUTH CAROLINA HAS CIVIL CODE SECTION THAT YOU CAN REFER TO).

I my community children over 14 years of age can use the pool unattended.

Good luck,

Gordon
Newport Beach, CA

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lane,
Every State has different HOA laws to guide a HOA on how they govern the association.

In Florida, the Board of Directors is normally responsible to create and vote acceptance to Rules and Regulations. Our Statutes just require that every owner is given a copy of the proposed R.&R.s ,14 days prior to a vote.

Do you honestly think that if the membership were allowed to settle the age question, that you would come to a concensus?

Now as to the age question. What is old enough to be responsible? That would never have a difinitive answer but in my opinion, 12 is definitely NOT old enough to use any pool unattended. Actually, because you have no lifeguard on duty, NO ONE should be allowed to be alone in the pool.

GlenL (Ohio)
Posts: 5,491

Posted:

Another place to look when setting the minimum age limit would be to check with the HOA's insurance carrier and the county authorities that license the pool for operation; everywhere I've lived with a pool in Ohio, the minimum age was 14 but all states vary. Even if your state doesn’t require notification before changing a rule and it is in the BOD's power to change the rule (not in By-Laws or Covenants) it is IMO better to have the H/O involved in the process. It makes for easier enforcement if everyone understands the reasoning behind the change rather than appearing that the change was done on the whim of the BOD for no good reason.

Studies show that 5 out of 4 people have problems with fractions

LaneW
Posts: 3

Posted:

The question of age came up because a group of boys had just turned 12 and were using the pool without adult supervision (as our rules allowed). As with most kids, one of the boys was a bit rambunctious and was doing a lot of cannonballs and diving (this is a VERY small pool). I felt this one child should have been dealt with, but a majority of the pool users felt uncomfortable with the unattended boys; they had come to enjoy the pool with their smaller children, but felt they also had to watch out for the older kids, too. Our pool rules don't allow any sole swimming, either adult or minor, so this isn't a question of kids swimming absolutely by themselves. I have my doubts about coming to a consensus, but if I were not on the board (i.e., just a mere HOA resident, as I was a year ago), I would want the opportunity to voice my opinion about any changes to administrative rules.

Someone else came up with the idea of consulting our HOA insurance policy - that might be the true arbiter.

GordonD1 (California)
Posts: 131

Posted:

Lane:

Review your CC&R's and your Bylaws. I am sure that you should have behavior regulations when using the recreation facilities. I know that our have many rules to allow the enjoyment of the others.

This is not about age but conduct. I am sure that you will come up with the answer.

Gordon

LaneW
Posts: 3

Posted:

Quote:

Posted By GordonD1 on 01/27/2009 1:56 PM
Lane:

Review your CC&R's and your Bylaws. I am sure that you should have behavior regulations when using the recreation facilities. I know that our have many rules to allow the enjoyment of the others.

This is not about age but conduct. I am sure that you will come up with the answer.

Gordon

I wish it was that easy - I think this has become a power struggle!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Lane,

I must say that 12 yrs is much to young to be swimming unaccompanied by an adult. I'm kind of torn between age 16 and age 18. What the members of your assn have to realize is that if a child were injured at the pool, the assn will be held resp. Also, it appears that the board needs to adopt other rules governing behavior at the pools.

Regarding the members voting on the rule change really has to do with the type of rule is it. If it's a rule contained in the bylaws or CCRs then an amendment would be required to change it. However, if it is a change in the rules, most likely the board has the authority to change the rule w/o input or a vote of the members. This will be outlined in your gov. docs. Also, a good idea is to check out state laws to see if one addresses rule changes.

AR1 (Virginia)
Posts: 12

Posted:

I could WORK as a life guard at the age of 16. Seems to me that 18 is a bit high!!!! On the real issue, I agree that Board actions without community input causes discontent etc. Of course, if it is that easy to change the rules ... perhaps you should get on the Board long enough to change them back? That's what happens on our ACC.

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