Adults Commandeering The Pool in the HOA

Adults Commandeering The Pool

Here is a question regarding use of the pool, although it is quite late in the season. Maybe it will be helpful next year:

“We have a common area pool that has a volleyball net permanently installed in the shallow end by a previous BOD years ago. Every warm weekend, the shallow end of the pool where the net is dominated by 7 or 8 adult volleyball players from 3-5 pm- thus preventing other people (small children) from using that part of the pool for fun. They play a rough game, drink heavily, and the possibility of them injuring someone in their area is real. The question is “Are the volleyball players defacto illegally maintaining exclusive use of that area of the pool?”

Answer: A “loaded” question for sure. Have not heard the term “defacto illegally” before. It would certainly be illegal in Long Beach to drink at the pool (see other blog added concurrently). And many HOAs prohibit drinking at the pool to alleviate problems that happen when folks lose their inhibitions.

And it could certainly be perceived as a problem by HUD, if someone were to inquire. The HUD reps are trained to sniff out discrimination against families with children, and this would seem to be a prime time abuse.

But I know of no cases.

If the Board is allowing rough play by adults at the pool at ANY TIME and someone is hurt, guess who gets sued. It just does not seem like a very good idea. Mix in alcohol and it seems like a recipe for disaster.


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Why Won’t Our HOA Disclose a Job Description for an Employee?

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Beth A. Grimm is an attorney who serves homeowner associations and homeowners alike. She is a frequent contributor to the Echo Journal and other similar publications in the State of California and on a national level. She provides several publications written in plain English to help people who need information about California law as it relates to homeowner and condominium associations.

Things to keep in mind about this site: Practical Nuts and Bolts Problems and Solutions are Discussed. Beth A. Grimm practices law in California ONLY! There is nothing in these blogs that is intended to constitute legal advice. You must consult with an attorney if you want legal advice!