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Post by Admin on Jun 12, 2015 9:34:20 GMT -5
The last four times I was at the pool, I noticed young adults "visiting". Only one of those "visitations" were guests who were in the company of the Owner.
The second "guest" was not attended by the Owner but at least the Owners were currently on the property.
In both the other two instances, Guests were "invitees" of non-Owners who were a Relative of an Owner but the relative did not own or live on the premises. One was a girlfriend of a non-Owner's son who is habitating on the property. Does the Office retain leases of named authorized persons residing on Owner property and their identity information? Is there a policy communicated to Owners about expected behavior of "guests" using the facilities? Is there a definition of "guest"? Are the children of a divorced spouse of an Owner's second cousin considered an authorized Guest? Do Owners understand and accept their responsibilities regarding the conduct of their lessees and guests?
I am aware that complaints have been made to the Office and wonder if any action is being contemplated. Guests who are not attended by their sponsoring Owners are likely to be seen as "the public" insofar as liability. Even more liability accrues to the Association by permitting Guests of Relatives of Owners to use our facilities at their whim and without benefit of an Owner in attendance.
Do we need yet another premises liability?
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Post by jimherbst on Jun 13, 2015 7:23:45 GMT -5
I have a suggestion for a "fix". Instead of the swimming pool being an automatic benefit that comes with the purchase of property in S-bag, we turn it into a swim club. The club would rent the pool from SLohA at a cost equivalent to SLohA's annual cost of upkeep on the pool, plus depreciation. The club would then have the right to restrict access to dues-paying members. If one did not wish to purchase an annual membership, he/she can purchase a day pass (at a cost substantially higher than the cost of an annual membership). This type of arrangement is quite common among condominium complexes and gated communities. It is a way to pass on the cost of maintaining a pool to those who actually use the facility. For those who do not, they would see a reduction in their HOA fees.
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Post by Admin on Jun 15, 2015 7:45:10 GMT -5
I have a suggestion for a "fix". Instead of the swimming pool being an automatic benefit that comes with the purchase of property in S-bag, we turn it into a swim club. The club would rent the pool from SLohA at a cost equivalent to SLohA's annual cost of upkeep on the pool, plus depreciation. The club would then have the right to restrict access to dues-paying members. If one did not wish to purchase an annual membership, he/she can purchase a day pass (at a cost substantially higher than the cost of an annual membership). This type of arrangement is quite common among condominium complexes and gated communities. It is a way to pass on the cost of maintaining a pool to those who actually use the facility. For those who do not, they would see a reduction in their HOA fees. That idea would be "doable" in at least two scenarios; in the event SLohA cannot be revitalized and becomes a voluntary association and in the event SLohA decides to become a (self-encumbered) mandatory association with NEW covenants incorporating such authority with member/non-member options. Yours is a logical solution to a voluntary association, where assessments become discretionary "contributions" and payment of services consumed is an enforceable standard of operation. Revitalization would preclude the above because the Covenant/Contract has no provision for less than equal apportion of all assessments fees and no member limitations on access to common amenities-for starters. In the case of revitalization and a swim club, only those who are re-encumbered (looks like about 70% of parcels) would be required to pay assessments for the pool. The assessment fee to re-encumbered parcels would increase substantially and un-encumbered parcels would not have access to the pool (nor pay "contributions" for the pool). Then, the newly-revitalized encumbered could vote 100% to open the pool to swim club memberships by non-members or simply pay the tab and lock down the pool with gate access cards etc.
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