Legal Question in Real Estate Law in California

pool closed

I live in a town home community and the BOD's has suddenenly posted a sign saying '' Due to a safety issue, the pool will be closed until further notice''. Now no one can use the pool unless a board member is out at the pool. It is less then 12 hours a week. This is not acceptable in this Ca. heat. We have a homeowners rule book and NO where does it state that the board can do this. The safety issue, I think is that a baby has pooped in the pool so they closed it for the 24 hours. The pool guy cleaned it and now this rule is being put upon us. The hours that they are out there are hours we are not home from work. We would like to take an eveing deep before going to bed. But we can not do this! I find it really hard to belive that they can do this. Could you let me know if this is legal?

FYI... These townhome are in a upper middle class area Orange county Ca. They list at 500,000 and we all pay homeowner assocation fee's. The pool is keep clean and neat, but it is also not the Ritz'. We just want to cool down in the evening.


Asked on 7/12/07, 11:29 pm

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: pool closed

Of course the BOD can do this. The BOD is responsible for the maintenance and management of the community, including the pool. If the BOD believes there's a safety issue with respect to the pool, the BOD has an obligation to do what they believe is reasonable given the situation, including shutting the pool down.

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Answered on 7/14/07, 11:58 am


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