What Age Limit for Children to Use Lake?

QUESTION: I am serving on the rules and regulations committee of a newly developed homeowners association. Our association has both a spa and a swimming lake that are enclosed or fenced.

Our committee is now trying to formulate rules that state the ages of the children that will be allowed to swim unsupervised. We are concerned about small children using the spa even when they are supervised. We would like to have your advice as to the age restrictions that other associations use.

ANSWER: The rules that you are formulating should have been adopted before the swimming facilities were even opened for use. You must check with your city or county code enforcement officials about age restrictions, spa temperatures and the rules that must be enforced by the association.

You should have the required health and safety ordinances posted at the lake and spa or else you are probably in violation of your local codes.

Most community associations require that children under the age of 12 or 14 be accompanied by an adult while using pool and spa facilities. Consult with the association’s insurance agent to see what effect your regulations will have on your insurance costs.

Spas are unsafe for young children. The temperature in the spa should not exceed 104 degrees. Signs should be posted discouraging spa usage by persons who have heart or respiratory problems, pregnant women and children under the age of 10.

You may be accused of age discrimination unless you carefully research this matter and show that the association’s restrictions are for health and safety reasons. Most associations that have very restrictive rules controlling the hours of pool usage by children are finding those rules challenged by owners who want to swim with their families.

No Laws to Restrict Terms of Directors

Q: The condominium association where I live was formed in 1976. I believe that the bylaws need updating because they have led to an unduly close relationship to the manager/developer of the complex. The current president has served for over four years.

Are there any laws that control the length of time that a president or a board member can serve?

A: I have not found any laws that restrict the length of time that a board member or officer may serve. I have seen some association bylaws that limit the number of terms that a board member may serve. I assume that is the type of bylaw change that you are contemplating.

In general, it is not in the best interest of the association to have the same people serving for several years. Four years is not too long if the current board is doing a good job. On the other hand, four years would be much too long if the board members are not fulfilling their duties appropriately.

Board members have a duty to make decisions based upon the needs of the whole association membership, not just for the benefit of the developer.

Since you live in a resort area, many of the owners probably have another home as their primary residence. It may be difficult to find other people who are willing to serve on the board.

Owner Entitled to Copy Mailing List

Q: I would like to contact the other owners in my condominium association regarding the next annual meeting. I have requested the association mailing list from the board of directors but they will not release it to me. They say that they don’t want to give the list out because it might be used to advertise my business. Actually, they know why I want the list and they do not want to cooperate or assist me in any way. What can I do?

A: You are entitled to inspect the records of your association and make copies for your use. There have been many lawsuits that have been decided in favor of the requesting owner. Several states now have laws that compel the board of directors to provide access to records.

Send a letter to your board of directors requesting permission to inspect and copy the membership list and mailing addresses. Request that the board discuss and act upon this matter at the next board meeting and notify you in writing within 10 days after the meeting. If your board does not meet on a monthly basis, then send your letter to the board president, requesting action within 30 days.

Management Company Wants Exclusive List

Q: I serve on the board of a condominium complex. We have recently heard from a management company that is owned by a real estate broker. This management company states that the association should sign a management contract with their firm and amend the association’s legal documents to include the following:

1--Owners wishing to sell their condominium unit must list the unit with the management company.

2--The management company will place the property on the multiple listing service.

3--Owners offering their unit for rental must contract with the management company to handle the rental of the unit.

The management company offers huge discounts on the association’s management fee based upon units sold.

What is your opinion? Would it be wise to revise our documents for this purpose?

A: Wow! If the management company makes several sales in one month, they could end up owing the association money for the privilege of managing your association! What a deal!

This is not a new gimmick. The owner of the management company knows that unless the restriction is placed in the declaration of the covenants, conditions and restriction (CC&Rs;), it can’t be enforced. In my opinion, the amendment that it suggests would unduly restrict an owner’s rights. For instance, if I were a real estate agent, I would not willingly give up the right to sell my own unit.

Owners should have the right to select any agent they choose for either rental or resale of their unit. A restriction like this could end up being challenged in court.

I urge you to select your management company based on the merits of their management ability and experience, not on the basis of a real estate license and the offer of projected discounts.

If your association is definitely considering hiring this management company, consult an attorney who specializes in community association law.

Hickenbottom is past president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” Box 5068, Thousand Oaks, Calif. 91360.