Ask the HOA Expert: Pool Safety, Banned BBQs, New Rules

Written by Posted On Thursday, 04 February 2021 00:00

Question: We have been having board discussions at meetings about our HOA pool safety. We have a four foot tall fence with key locked gates. We have rules and consequences if they are not followed. Should the pool be supervised by an HOA lifeguard or pool monitor?

Answer: Unless your HOA is wealthy enough to provide a lifeguard during pool hours, pool operations are typically "use at your own risk." That said, the homeowner association is responsible to keep the fence, gates and locks in good condition.

When the pool season is over, a safety type pool cover should be installed. All safety covers must conform to the Standard Performance Specification set by the American Society for Testing and Materials (ASTM) be able to support a certain amount of weight, not permit gaps that a child or pet could squeeze through, and remove standing water. Loop Loc brand covers are built from extremely strong material and secured tightly to the deck by heavy-duty springs and brass anchors. This design prevents children and pets from gaining access to the water.

Prohibiting after dark swimming makes sense since it will likely disturb the neighbors and often attracts party goers that may be intoxicated. Minors 14 years old and younger and all guests should be accompanied by an adult resident.

Finally, ask your HOA insurance agent about other suggestions to reduce pool risk. They are usually prepared with a laundry list.

Question: A board member recently hosted a barbecue even though we have banned them due to fire safety considerations. He is flaunting the rules. What should we do?

Answer: Speak to him in private and review the rule and reason for it. Usually that will do the trick. If he continues to violate the rule, it's appropriate to apply whatever penalty you have for such violations. Another thought. Since barbecues are American as apple pie, if you have a suitable location in the common area, why not designate it for this purpose? The HOA could add the furniture, concrete pad and even the grill.

Question: Our Board has been enacting rules without consulting the members. Some are way off base or totally unnecessary. What can be done about this?

Answer: The basic rule about HOA rules is that they should be few and necessary. Unfortunately, some boards feel when it comes to rules, the more the merrier. Whenever there is evidence that a rule is needed, polling the members should be the very first step. There are few rules that are so urgent that allowing time for member review and comment couldn't allow a better perspective. The public relation aspect alone justifies the effort.

Some boards make rules to control a few offenders who will never be controlled. Scofflaws eat rules for breakfast so making new ones only feed the beast. Whatever rules that are enacted need to have an ongoing and widespread need.

Question: We have had a very hard time getting a quorum at our annual meetings. Regardless, elections are held and directors elected. It seems to me that the elections are illegal if there isn't a legal quorum.

Answer: The reason that quorums are required is so that a few can't control the many without their consent. If the quorum concept is abandoned, the current board can crown itself emperor and wield the scepter of power with impunity.

Kidding aside (I was kidding!), getting quorums is often difficult for annual meetings. That is why the concept of "proxy" is a necessary component. A proxy is a person appointed by another to act on their behalf. Virtually every HOA is allowed to use them for annual owner meetings so that quorum and voting majorities can be attained.

Proxy forms should be distributed along with the official meeting notice with instructions to complete and return them at least a week before the meeting. The proxy giver should have the option to appoint "a director of the board who is not running for election" if no one else is able to attend. The proxy authority can also be designated "for quorum purposes only."

A week before the meeting, the proxy returns should be tallied. If there are not enough to meet the quorum, more can be collected door to door until a quorum is achieved. That way, on meeting night, there will always be a legal meeting. All proxy givers that attend can retrieve their proxy and vote as usual. Either way, the meeting stays legal.

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