Association stupid rules!

RE: Association stupid rules!

Former Member — Sun, 27 Jul 2014 15:10:44 GMT

great advice, orca, michael and mj, thanks!

RE: Association stupid rules!

DeniseMW — Sat, 26 Jul 2014 07:36:39 GMT

Yay, go armed with information and don't let them bully you. If you can get your neighbors to sign a petition, that might help, too.

RE: Association stupid rules!

Former Member — Thu, 24 Jul 2014 15:05:53 GMT

I have requested a meeting with the Board. I will keep everyone updated.

RE: Association stupid rules!

orca1946 — Wed, 23 Jul 2014 09:41:17 GMT

Talk to the lawyer & get his/her ideas.

RE: Association stupid rules!

Michael Heather — Wed, 23 Jul 2014 07:48:19 GMT

The HOA board will have an attorney either on retainer or by referral to deal with owners who do not pay dues, insurance or other association legal issues. I would suggest finding out who it is and pay them a visit. If the rules seem to have been instituted only to keep you from enjoying the facility or some petty issue, the attorney could be your best friend. When posed with support from the lifeguards, an obvious conflict in what is allowed in the pool and an attorney telling them they don't want to fight this war, the board should be able to come to an enlightened decision in your favor. And don't hesitate to tell them that if you knew they were such small minded martinets, you would never have moved there and actively warn others away. Or something like that.

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Former Member — Tue, 22 Jul 2014 14:39:43 GMT

Today's LA Times business section, page B8. Column entitled "Associations" has this headline: "Homeowners may remove a poorly performing board". This is a question and answer column written by Donie Vanitzian. The end of the article has the following information: Zachery Levine, partner at Wolk & Levine, a business and intellectual property law firm, co-wrote this column. Vanitzian is an arbitrator and mediator. Send questions to Donie Vanitzian JD, PO Box 10490, Marina del Rey, CA 90295 or noexit@mindspring.com. You don't have to live in California to ask a condo board question, however, I think their answers usually apply to California condos. Thanks, Glenn! I can email them and ask for a referral on the east coast.

RE: Association stupid rules!

mjtyson — Tue, 22 Jul 2014 07:07:46 GMT

As Glenn states, get on the board. My wife is on our board, and we're ensuring all the little nitpickers and Mrs Grundy's in the neighborhood get out of other people's business when they simply want a curtain color other than white. With respect to your specific problem, I find it interesting. Paul Newsome of Swim Smooth says that in Australia (or is the UK) there are indoor lap pools that ban fins for some strange reason. I don't get it. He said to combat that, one way is to present to the pool administration (so perhaps to your HOA) the training benefits of using fins and boards. Alternatively, you can someone create an incident with a noodle and act like those World Cup athletes and threaten a lawsuit...

RE: Association stupid rules!

Glenn — Sun, 20 Jul 2014 12:46:06 GMT

RE: Association stupid rules!

Glenn — Sun, 20 Jul 2014 11:21:20 GMT

Glenn, I certainly have thought about that, but I can't imagine how I would get elected, and even if I were to be admitted to the very select group, my vote would be outnumbered. I am on the Pool Committee and everyone on the committee voted yes for fins/kickboard. The Board position is that "committees don't make the rules, the board does." The board is elected by all the home owners, not just the board members. Usually it is easy to get elected to the board since in my experience, no one wants the job! That said, there are always boards like you describe with people who bend the rules - no, ignore the rules and just do it any way they want. There are HOA attorneys out there who can advise you on what can be done and what cannot be done. There is a column in the Sunday LA Times business/real estate section about condo situations. I don't read it very much anymore because we don't live in a condo, but there might be something in the NY Times or even the Star Ledger. Also, have you talked with other residents about the behavior of the board? I bet others don't like it either, but are afraid to say anything because they are afraid of the bullies! People on boards who are bullies, depend on the fact that being a bully allows you to get your own way.

RE: Association stupid rules!

DeniseMW — Sun, 20 Jul 2014 08:47:49 GMT

Any HOA documents are supposed to be available to the homeowners, including the insurance policy. I say supposed because it sounds as though your HOA is a shadowy group, but legally, they're are not entitled to keep pertinent documents from homeowners. You may even find them online if your HOA has a website. You're fortunate that the lifeguard backed you up. Perhaps he/she can let the other lifeguards know so they'll stop harassing you, and you can have your early morning swim in peace when no one else is there. I suspect there is a complete lack of understanding on the board about fins and kick boards. They may think someone's going to get hit in the face with fins, or knocked over the head with a board. Perhaps educating them with some of the online information about how and why these training tools are used will help and they'll get over their fear of being sued. If the board has an attorney, and most of them do, consider calling that person and getting the lowdown on why this rule is in place and how it can be removed. If enough people are frustrated by the board's arrogance, you will get elected eventually, especially if you're doing good work on the committee.

RE: Association stupid rules!

Glenn — Sat, 19 Jul 2014 12:33:16 GMT

Talking to an attorney sounds like a good idea, but remember that if you sue the hoa, you're suing yourself because you pay dues and whatever payout they make will come back to bite you in a fee hike. We had something like that at our last home, where the board decided to spend more than $1 million to repair roofs and pro-rate the homeowners based on the size of their units. Ours was one of the two largest, so we were charged the most even though our unit was newer and there was nothing wrong with our roof. They just went through and replaced them all and charged us the most while we actually had the least repair. Nothing we could do about it. They did this without holding open meetings or getting input from the residents. They told us after they'd signed the contracts. I honestly would suggest that you talk to your board members. Read through the hoa rule book and the insurance policy because I'll bet you're the only one who'll have done this. They can't just fine people unless it's allowed by the rules. Usually, an hoa establishes rules based on what's covered or not by insurance. If they're just being a bunch of jerks and you don't want confrontations, join a center with a pool. Consider that the added expense will save you stress. I don't know where you live, but I can tell you from having just moved back from New England, that they have some of the worst hoas on the planet with some of the dumbest rules that benefit no one except by making the people who establish them feel like they sit on the iron throne. All the more reason that someone in your household must be on the HOA board! In the years we lived in a condo (15) either my wife or I was on the board. We always saw it as a way to protect our investment.

RE: Association stupid rules!

Former Member — Sat, 19 Jul 2014 12:12:00 GMT

RE: Association stupid rules!

Former Member — Sat, 19 Jul 2014 12:09:34 GMT

Hi Denise, you couldn't have said it better. They are pompous, arrogant and unfriendly lot who sit at the front of each meeting as though they are kings of a country. It's nauseating. So many homeowners have told them it's ridiculous, that I come in the morning and there's no sense to the rule. Even the guard backed me up. Do I have access to the insurance policy? I have the golden book of rules, but don't know about insurance policy.

RE: Association stupid rules!

DeniseMW — Sat, 19 Jul 2014 08:58:19 GMT

RE: Association stupid rules!

Former Member — Fri, 18 Jul 2014 15:36:03 GMT

Queen, Some long time residents told me to wear the fins and use the board but I swim partially to relieve stress, and would feel very uncomfortable doing that. This is what would happen: lifeguard would approach me and tell me I couldn't use the items, if I continue to use them, lifeguards contacts either his supervisor or a board member, who then can try to remove me from the pool. Way toooooo embarrassing. Elaine, no I don't live in that area. I live in the tri-state area.

RE: Association stupid rules!

Former Member — Fri, 18 Jul 2014 15:09:35 GMT

I'd wear them anyway, pending the next board meeting. What are they going to do, arrest you?

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Elaine Krugman — Fri, 18 Jul 2014 12:53:15 GMT

Elaine, no I don't live in that area. I live in the tri-state area. Yes, I know. What I was asking is if you live in a Del Webb community. They are nationwide, and I was curious which active adult community you are living in. Since there are lifeguards, I would say it's definitely not a Del Webb community.

RE: Association stupid rules!

Former Member — Fri, 18 Jul 2014 11:49:21 GMT

Yes, I should have added this in my first post -- I neglected to mention that even though my short fins and kickboard are prohibited, soccer sized balls, noodles and RAFTS are allowed! Are there any lawyers out there who want to take on this HOA?:D

RE: Association stupid rules!

Former Member — Fri, 18 Jul 2014 11:45:54 GMT

Denise, if I had any idea they would create such an absurd rule, I never would have moved here. I had dreams in the not-so-distant future of persuading them to put in a lap lane. Yeah, that might happen! They have the nerve to call themselves an "active Adult" community. Yet, they allow soccer sized balls, noodles and large rafts in the pool! If I thought I could find a lawyer who would even consider such a case, I'd try and take them to court!:argue: They actually are trying to find a way to "Fine" people who break their "rules."

RE: Association stupid rules!

DeniseMW — Fri, 18 Jul 2014 02:48:43 GMT

OMG, this is one of the reasons I hate HOAs. They're usually run by the clueless who believe that only through totalitarian rule will they keep residents from littering their lawns with pink flamingos or painting their shutters puce. My suggestion is to attend the next board meeting wearing your fins and tell them they're special orthotics and without them your toes will fall off. :argue: Or go to the board meeting and demand to know where in the insurance policy it shows a liability for swimming with fins and a kickboard. If they can't, they have no right to stop you from using them, and they can mind their own business.

RE: Association stupid rules!

orca1946 — Thu, 17 Jul 2014 11:55:58 GMT

Maybe they should outlaw anyone that can't swim from the pools !!!!!!!!!! No standing on the bottom will be allowed !!! If you want to stand in the water ---- take a shower !!

RE: Association stupid rules!

Elaine Krugman — Thu, 17 Jul 2014 09:11:35 GMT

Just curious... Are you living in a Del Webb community? I ask, because I live in a Del Webb Sun City community in Georgia. Here, I had to contend with the noodlers in the past (happily, it was all resolved, and we get along just fine now), and the water temperature is warmer than I would like (our indoor pool is kept at 84 in the winter and 82 in the summer). Fortunately, there are no ridiculous rules like you are experiencing. You have my sympathy. :bighug: