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Subject: Failure by HOA to heat Community Pool
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Author Messages
ElfiS
(Florida)

Posts:3


11/12/2020 12:57 PM  
In previous years for the winter months, the pool was always heated to an acceptable 82 degrees by 7AM when we swim due to our schedule. The water is now below 79 degrees and when we requested heat, we were told the pool heater would not be turned on until some unspecified time later in the day.  The pool is open from 7AM until 6PM during the winter season.  It would seem reasonable to to expect the pool to be heated during that time.  This decision was never on a meeting agenda or in any notification to the community. Do we have any recourse?
AugustinD


Posts:4421


11/12/2020 1:19 PM  
Posted By ElfiS on 11/12/2020 12:57 PM
In previous years for the winter months, the pool was always heated to an acceptable 82 degrees by 7AM when we swim due to our schedule. The water is now below 79 degrees and when we requested heat, we were told the pool heater would not be turned on until some unspecified time later in the day.  The pool is open from 7AM until 6PM during the winter season.  It would seem reasonable to to expect the pool to be heated during that time.  This decision was never on a meeting agenda or in any notification to the community. Do we have any recourse?
Do the HOA's governing documents require the pool temperature to be as you specified? If not, I think the only recourse you have is to elect a board majority at the next annual election who sees things you do.

Keep in mind that the reason the Board may be doing this is to save money. The Board may prefer to cut down on pool heating so that it does not have to raise the assessment.
JohnC46
(South Carolina)

Posts:10130


11/12/2020 3:07 PM  
Posted By AugustinD on 11/12/2020 1:19 PM
Posted By ElfiS on 11/12/2020 12:57 PM
In previous years for the winter months, the pool was always heated to an acceptable 82 degrees by 7AM when we swim due to our schedule. The water is now below 79 degrees and when we requested heat, we were told the pool heater would not be turned on until some unspecified time later in the day.  The pool is open from 7AM until 6PM during the winter season.  It would seem reasonable to to expect the pool to be heated during that time.  This decision was never on a meeting agenda or in any notification to the community. Do we have any recourse?
Do the HOA's governing documents require the pool temperature to be as you specified? If not, I think the only recourse you have is to elect a board majority at the next annual election who sees things you do.

Keep in mind that the reason the Board may be doing this is to save money. The Board may prefer to cut down on pool heating so that it does not have to raise the assessment.



Well said.
KerryL1
(California)

Posts:7660


11/12/2020 5:16 PM  
It's gas heat for the pool? And the HOA (via timer) turns it on and off every day? I don't know about such things, but doesn't the process of bringing the pool water up to temp. every day consume extra energy?

Perhaps, Elfi, some neighbors agree that the water's too cold in the morning and would be willing to attend an open meeting and plead for a warmer temp. Or, only your household uses it so early?

I completely agree with you that the Board certainly should have placed this change on an agenda and voted on it. Their vote should have been recorded in the meeting minutes.
ElfiS
(Florida)

Posts:3


11/15/2020 7:52 AM  

The amenities published for this development include a "heated community pool" inferring that the pool is open year-round. Have been informed that if the rules have been changed, and the pool is not in fact being heated during the open times, the HOA documents should be amended in order to avoid potential legal vulnerabilities to those selling their homes and their agents from unwittingly misrepresenting the facts.
AugustinD


Posts:4421


11/15/2020 7:55 AM  
I think the meaning of "heated" is open to interpretation. I do not think the Board's actions amount to non-compliance with the governing documents.
ElfiS
(Florida)

Posts:3


11/15/2020 8:25 AM  
Posted By AugustinD on 11/15/2020 7:55 AM
I think the meaning of "heated" is open to interpretation. I do not think the Board's actions amount to non-compliance with the governing documents.




Heated, as interpreted for pools in Florida, is between 82 and 84 degrees. Open water swimming in 78 degrees is considered wet-suit time.

Perhaps the Board's actions do not amount to non-compliance, but the total lack of community input in their unilateral
edict, was needlessly poor PR on their part. Conversely, a neighboring HOA included invited input from their community which resulted in an amicable, sensible solution.
GenoS
(Florida)

Posts:4158


11/15/2020 9:31 AM  
Posted By ElfiS on 11/15/2020 8:25 AM
Heated, as interpreted for pools in Florida, is between 82 and 84 degrees. Open water swimming in 78 degrees is considered wet-suit time.

Is there a swim-club or vendor brochure that provides these interpretations? They're not in any statute I could find just now.
AugustinD


Posts:4421


11/15/2020 9:36 AM  
Posted By ElfiS on 11/15/2020 8:25 AM
Heated, as interpreted for pools in Florida, is between 82 and 84 degrees.
What authority says this? Does this authority trump board decisions to heat to a lower temperature?
Posted By ElfiS on 11/15/2020 8:25 AM

Perhaps the Board's actions do not amount to non-compliance, but the total lack of community input in their unilateral edict,
Please cite the section of your governing documents that requires the board to solicit community input.

Are you willing to serve on the board?
JohnC46
(South Carolina)

Posts:10130


11/15/2020 10:59 AM  
Posted By AugustinD on 11/15/2020 9:36 AM
Posted By ElfiS on 11/15/2020 8:25 AM
Heated, as interpreted for pools in Florida, is between 82 and 84 degrees.
What authority says this? Does this authority trump board decisions to heat to a lower temperature?
Posted By ElfiS on 11/15/2020 8:25 AM

Perhaps the Board's actions do not amount to non-compliance, but the total lack of community input in their unilateral edict,
Please cite the section of your governing documents that requires the board to solicit community input.

Are you willing to serve on the board?



Good questions.

78 to 82 for a pool comfortable for all. 82 to 84 for older folks with arthritis:
https://www.swimuniversity.com/pool-temperature/#:~:text=If%20anyone%20with%20arthritis%E2%80%94senior%20or%20not%E2%80%94will%20be%20using,somewhere%20between%2086%C2%B0F%20and%2090%C2%B0F%20%2830%C2%B0C%20and%2032%C2%B0C%29.
KerryL1
(California)

Posts:7660


11/15/2020 11:51 AM  
The Board does have the authority to change the pool temp settings and I agree with others that "Heated pool" doesn't necessarily mean heated 24/7.

But, Elfie says the decision was not made in an open meeting, which I believe is required in FL. There should be meeting minutes on this decision. This suggests an overly secretive or cowardly Board. And I'd wonder abut what else they do behind closed doors.

Elfie asked what can she do. I think she can try to get others who share her opinion to write to the Board -- maybe be in the form of a causal petition requesting changing back to the previous method. The same folks can attend the next open meeting and express their opinions.
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Forums > Homeowner Association > HOA Discussions > Failure by HOA to heat Community Pool



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