Condo does something illegal, charges owners for the bill?

[Humusluvr]

What is the name of your state (only U.S. law)? Ohio.

Hello All!

Here's the scoop.

http://www.freerepublic.com/focus/f-news/1874279/posts

My parents own a condo in this large complex. The only reason they bought it is so they could use the big, beautiful pool. Most of the residents at the condos are elderly, and they don't swim in the pool anyways.

So, this lady's small son was "out-lawed" from the pool, not by all the residents, but by one woman - the head of the Condo Association. Any person with a computer could have researched (or they could have asked me ) about whether you could ban infants from the pool. This lady just decided, "We don't like infants in diapers because they might poop in the pool, so lets ban 'em!!!" The Condo Association never took a vote of residents or checked into the legality of it, this one woman just posted a sign saying no kids under three in the pool.

So, the Condos get sued. There is all this bad press. They close the pool until a few days ago, which was crappy in itself. The woman from the Condo Association told me when I called a few weeks ago that they would open the pool after "their lawyer made sure all the pool rules passed the Fair Housing Authorities' regulations."

So, the pool is open. I go yesterday, and the lady approaches me and my 4 month old son. She does a "diaper check" (my son is wearing Pamper's Little Swimmers - I even brought the package to show this nosy be-yotch) and tells me that the Condo Association will soon be imposing an "assessment" on all the condo owners to cover the $20,000 in legal fees they have incurred!!! WTF!!!!!!!!

SHE made a choice to do something illegal without checking with anyone and she is going to charge the condo owners for her bad decision?

Please help me!!! Is there any recourse? Is there anything I can tell this lady??? (other than to shove it?) My parents are too nice to tell her anything, but I'm not. I'm wizzed.

Thanks for any advice!!!

 

[seniorjudge]

Without having read the CCRs, no one can really answer whether this woman went off on a tangent or was actually authorized.

I'd say someone in the condo needs to hire a lawyer.

 

[Zigner]

I agree with SJ on this one...HOA's do weird things and questions like this depend totally on the CC&R's - good luck.

 

[TinkerBelleLuvr]

Have the owners checked to see if the E&O insurance board of director's are supposed to have cover the cost of the attorney fees and fines?

I'm tired of HOA N****s who think they can make rules without checking to see if they are legal. My HOA is infamous for that; several of us call them on the carpet on a regular basis so that we DON'T get sued.

 

[Silverplum]

SJ's right (of course!) -- without a copy of the condo board rules, we can't tell a thing.

Personally, I'd be knocking people into the pool, filled or not. But that's just me, you know, an angel straight from heaven.

 

[Bloopy]

Are the condos expressly for people aged XX and up?

My parents almost moved into a neighborhood for people aged 55 and up… But there were so many rules they figured it would be a hassle to have their grandkids visit. And they didn't want a bunch of grumpy old farts as neighbors.

Insurance should cover the cost of a lawsuit. It’s not like the residents voted to put in a new sauna.

 

[FarmerJ]

Hum are your parents reasonable people when it comes to money handling ? if so encourage one of them to run for the board, They can pitch that they would be more responsible about consulting with a real estate atty to make sure this kind of thing doesnt happen again EVER before rules are posted INC basic things like meetings to cover so called rule changes that might be permitted so they can be discussed with ALL home owners.

 

[justalayman]

I have to agree with SJ et.al. on this as well. While the woman may have overstepped her duties and authority, without the actual rules, it is just impossible to tell.

you might speak with the board in general and have them seek advice from the associations attorney. Since that attorney is hired to represent and advise the board and not the pres. specifically, he would be bound to do so, even if it means hanging the pres.

yes, it would incur a charge from the attorney but this is a charge that the board would be liable for.

 

[Humusluvr]

I agree with SJ on this one...HOA's do weird things and questions like this depend totally on the CC&R's - good luck.

Isn't that the truth!

So, I looked a little further into it, and it seems that the HOA is allowed one "assessment" per year - so this seems to be the one they are going to get.

There are thirty units per floor, 6 floors - so if you divide it up its going to be a little over $100 per condo for the lawyer. All could have been avoided if this lady would have called the FHA first or used Google.

Ok, here's my other question. If this lady keeps being a jerk to me about my son's Little Swimmers, do I have any recourse? The pool rules say "no diapers or incontinence garments" and "No nudity" so I can't put him in a diaper or nekkid. So I bought the Little Swimmers, but I think this lady is going to try to harass me into leaving the pool.

If she walks up to me and tells me to leave, what should I say?

My parents own the condo, so its not like I can be evicted, and there are no fines or punishments outlined in the pool rules. If I flat out tell this lady "Please leave me alone" and she keeps buggin me, what do I do? She is trying to make me so uncomfortable that I leave with my child so her and her geriatric buddies can have solitude at the pool while they drink Metamucil and play canasta. I'll sit down in the middle of her group and let my kiddo scream if she is going to attempt to harass me. He's just a baby, and I think he's quite well behaved at that. I am definitely not one to allow my child to be a jerk around others, but I won't let this lady be a jerk because she hates kids either.

I'm not one to back down, especially if she is trying to enforce unenforceable rules, or is flat out doing illegal BS. Just trying to know what my legal and other options are.

Thanks all!!!

 

[justalayman]

to be honest, I would consider a "little swwimmer" a diaper or incontinence garment. That would preclude you from taking the youngin' in the pool, in my mind.

go to the site you linked and read post 45. No proof it is correct but....

 

[Humusluvr]

to be honest, I would consider a "little swwimmer" a diaper or incontinence garment. That would preclude you from taking the youngin' in the pool, in my mind.

go to the site you linked and read post 45. No proof it is correct but....

I totally agree, nothing can 100% contain fecal matter or urine.

there was another incident at the pool where a man brought his 6 year old daughter with down's syndrome to the pool, and she pooped in the pool. the pool had to be closed for 3 days to chlorinate it. There was e coli contamination.

ANYONE could poop in the pool. There are a multitude of reasons for it happening, and its not just infants.

What could happen if she asks me to leave the pool and I don't? Can she call the cops? there's nothing in the pool rules about fines or bans.

 

[justalayman]

if you are in the pool in constrast to the rules, their permission (the boards) for you to use the pool (yes, it is they that give permission since it is a common area, they do control the pool) may be rescinded. At that point, you become a trespasser and are subject to actions from the police.

but, take notice that anything can happen but with a child that is not potty trained, it is more likely to happen.

 

[HuAi]

Good point Justalayman. I used to lifeguard for a condo association in my younger days. The bylaws stated that failure to follow lifeguard's instructions or behaving in a way which endangered others (purely judged by lifegaurd's discretion) were cause for ejection / season ban. I banned a 10 year old who defacated in the water from entering the adult pool for the season, the mother challenged my decision with the HOA, but my decision prevailed.

 

[BlondiePB]

Neither kids nor adults in diapers belong in PUBLIC pools.

 

[private_person3]

First: It is illegal to NOT allow children in the pool at any time. It is a violation of the FHA. See this link for more information: http://www.njlawblog.com/2008/06/articles/community-associations/pool-rules-and-the-fair-housing-act/ *note that it covers visitors to the pool as well.

Second: "Little Swimmers" are NOT diapers. They are disposable "swim pants." See this link for more information: http://www.littleswimmers.com/na/general/faq.asp However, just because they are not called diapers does not mean they will be allowed. Diapers are banned from some public pools as they pose a potential health risk when they break down and pieces float in the pool (think of the poor sap who swallows particles, even microscopic). Huggies and Pampers both claim that their swim pants do not break down. However, they provide no actual evidence to support their claim. As such, you might find that these swim pants are still banned in some public pools.

Third: The easy answer to the underpants dilemma is to take your child swimming after his or hers bowel movement, and have them wear approved swim wear. You should also give your child a hot shower before letting them enter the pool. The hot water will encourage them to empty their bladder prior to entering the pool. The effects of urine mixing with chlorine is still being investigated, but the prognosis is not looking good.

Fourth: you and your child have EVERY RIGHT to use the pool, if you are either a member or a guest of a member. It seems that this "woman" is simply ignorant to the law and your rights. If she continues to harass you, write a letter explaining the facts to the Board. Don't forget to send it certified. I don't know if you are a member of the Association or a guest of a member, so you might have to have your host write the letter.


Good Luck!

ps. If you are a member, do what I did... run for the Board! A LOT has changed for the better in my Association since I became involved.