I am a condo owner, and my pool right are being denied. Where can I get help?
My HOA and a neighboring HOA share a community pool. 9 out of 10 pool committee members, including the pool director, are from the other HOA. The director is a bully and probably has some mental issues. There are several homeowners, including myself, that are not able to obtain pool access. There was a memo sent to all homeowners back in April or May that listed two dates to validate pool passes in person, and instructions for mailing them in for validation. I was unable to go in person so I mailed them to the PO box. According to the memo, I should have received them in two weeks. After 3.5 weeks, I contacted the person in my HOA that was on the pool committee, and she emailed the director asking her to send out my passes right away. After 10 days, and no pool passes, I called her again, and she told me that the director said she never got the passes in the mail. She also told me that others in the community are having the same problem. She said the director said that if we really wanted to use the pool, we should have come in person on the dates listed on the memo, and since we didn't, as far as she is concerned, we didn't have a right to use the pool. She also said that she doesn't want our HOA to have use of the pool. She does not own the pool, and I have pool rights according to my bylaws. If I re-apply, like others have, I will wait two weeks to find out that she never received my application. She is a liar. What should I do? My seven year old is so sad. She loves the pool, and asks me everyday "Can we go to the pool today?"
Public Comments
- I'd say get a lawyer and threaten to sue( they should give in after you threatening them about a lawsuit).
- If it were me, I'd be tempted to just grab my suit and towel and head on out to the pool anyway ... with a copy of the bylaws in my bag. Let the HOA director call the police on me if he wants to. I'll show the officer the bylaws and see if he really wants to make an arrest. But ... that would be me. YMMV.
- There seem to be many control-freaks running things like HOAs and clubs. I would send it by mail with a signature required option or do as suggested below, show up at the pool with a copy of the by-laws.
- Go to an attorney informed about condo law/associations. Get other denied parties, and your HOA person. First consultation cheap or free. Get attorney to write letter to her that her actions are unreasonably restrictive, illegal, etc. and request compliance within a week. Have new applications to accompany letter. Next time go in person or send application certified mail return receipt requested. Standing on your rights can be time-consuming.
- You need to contact an attorney to draft a letter to this woman, with copies of your bylaws, advising her that you DO have pool rights and that you expect your passes within ten days. Nothing wrong with getting together with others having the same issue, and share the costs involved with the attorney's letter. Most of the time, such letters wake up those who are stubborn. She will understand that she may face legal action for her silliness, and will cause HER HOA some rather nasty legal fees.
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