Pool Use Restrictions

This request is specifically for those familiar with Florida Statute Chapter 718. Our condominium association has quite a number of homeowners who are seriously delinquent in their dues. We have placed liens on some and are in the process of placing liens on others, but we would like to take additional steps to "encourage" them to pay up. There is nothing in our condo docs that specifically addresses other actions, particularly the restriction of use of amenities, such as the pool. We have recently gotten a request for the pool gate access code from a homeowner who owes $1500+ in assessments and has been sent an intent to lien letter. We want to decline his request, but our PM says we are not allowed to deny homeowners access to the pool. I have not yet found anything in the statutes that specifically prohibits this. I would greatly appreciate your advice/input. Thanks!

Thanks so much for your reply. We have reviewed all our documents and the only action addressed is the collections policy which is very stringent and similar to your policy. Each resident has 2 parking spaces - garage & driveway, so we wouldn't be able to put parking restrictions in place. Since our docs don't specifically address restrictions on pool use and we consider this to be a luxury afforded to responsible, dues-paying homeowners, our thinking was that as long as we weren't in violation of Fl Statutes, it would be an incentive to get them to pay. It might not work anyway because one his neighbors would probably just give him the pool gate access code!

Lori,

I don't doubt you've reviewed your docs, but sometimes items are hidden in places that may be overlooked. In the CCRs of my former assn, this provision is in the article titled "Easements and Rights of Enjoyment in Common Areas" and in the CCRs of my current assn in the article titled: "Enforcement - Sanctions". The prohibition may not explicitly say "pool use", but rather the use of all amenities.

If it is determined that there is no prohibition stated anywhere in the gov docs, whether it be for only pool use or for all amenities, then I'm not sure the BOD would have the authority to make a new rule addressing this. IMO, it would be like adding a new provision to the CCRs which is the same as amending and requiring a vote of the members. BTW, I don't think this is addressed in statute.

I really appreciate all the great responses & advice. Upon that advice, I have re-reviewed our docs for "hidden" references, but the only thing relative is that "the Assn. shall have the right to establish the rules & regs governing the use & enjoyment of the common elements & all easements over & upon the same." I only wish that the drafters of our docs had the foresight to be more specific. I suppose we could establish a rule that homeowners' accounts must be current to use & enjoy the pool (our only amenity).

Mike, you are correct in your assumption regarding our garages & driveways and yes, we are condo townhomes. If we were to restrict access to the limited common elements, I think we might be pushing the legal limits regarding ingress/egress to the unit. Wouldn't want to test that one.

The only reference I can find in Fl 718 is:

718.123 Right of owners to peaceably assemble.--

(1) All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106(4). The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities. No entity or entities shall unreasonably restrict any unit owner's right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities.

Thanks again for all the great input. Over the last few months of referring to the posts on this site, I have most definitely learned a lot from everyone's experience & knowledge. I think I'm going to call DBPR & see what they have to say. I'll keep you posted.

I agree with Michele. Since your docs give you the right to establish rules on the use of the pool, you can pass a rule that states that anyone who owes the HOA any money does not have the privilege to use the pool. We did something similar a couple of years ago when we installed an access control system at our pool. People who don't pay their assessments don't get a key card. People who already have a key card and then have a balance due (from CC&R enforcement actions or similar) will find that their key cards have been disabled.

We do give people the opportunity to request a meeting with the Board, and we have still allowed access in some cases - typically when dues haven't been paid because of something like a job-loss, but they are trying to make payments. But very few people have actually requested a meeting. Most just pay once they realize that they can't get into the pool.

If you can prove it, then disable that member's access, as well. Write it into a rule. Anyone who provides access to anyone who shouldn't have access will have their/his/her own access terminated.

I don't know if it's legal, but if you can track it, maybe give it a shot.

Ellen,

I agree with you that in most instances, it's only a bluff. However I don't believe a BOD should pass a rule that they think may be illegal on the premise that no one will sue them over it. Just when you say "no one" "someone" will pop up. But, frankly, I think it's an irresponsible position to take! If the board isn't sure whether it's legal or illegal they should seek legal advice. Actually it reminds me of some errant boards who break the law or violate the gov docs, then thumb their noses at the members and say "So sue us!" knowing full well they won't be sued, mainly because of the cost.