I recently moved to an "active adult" community, basically to get away from kids. Love them, but was tired of dealing with them in the pool I used to swim in. To my surprise, the first day in my new pool (which is almost 25 yards!), I was approached about my "fins" and "kickboard." It seems the pool "rules" prohibit large flotation devices. My kickboard is 17" long. The Board then decided to prohibit fins.. I am fuming. :bitching: I can't even fight it because, conveniently, the board doesn't meet until September! I swim in the morning, and there is NO ONE in the pool. My fins are also short fins. They ruled them as "hazardous." Did you ever hear of anything so insane???? Yes, I could swim without them, but a great deal of my 3600 yard workout includes those items. The irony is that the pool is hardly used, unless the weather is over 90 and the water over 85. UGGGHHHHH.
I had to join an outdoor pool and PAY (even though I pay plenty in the "active adult" community per month in association dues) for the summer, and as my prior thread whines, 2 weeks later, I received a whopping sinus infection. I'm ready to quit swimming.
Former Member
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."
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.
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.
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.
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.
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...
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.
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.
