[This article is an excerpt from an article written by Mike Hunter for the

Charlotte Observer. We believe it contains some very helpful information and suggestions]

“Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end.

And almost every set of pool rules contains a statement similar to this: ‘No one under the age of 18 may use the pool unless accompanied by a parent or guardian.’ It makes sense, right?

According to a 2012 federal court opinion from California (Iniestra v. Cliff Warren Investments), a pool rule requiring adult supervision of children violated the Fair Housing Act (FHA) because it discriminated against families with children.

In explaining its opinion, the federal court found the rule requiring adult supervision to not make perfect sense if its goal was to ensure the safety of all swimmers. The court noted that the Iniestra children, who were competent swimmers, were not allowed in the pool facility without a parent, but yet adults who never swam a day in their life could use the pool facility without supervision. Also illogical was that a certified lifeguard who was under 18 could not use the pool without the presence of a parent or guardian.

Continue Reading The Fair Housing Act and Your Community Pool

Recently in a Fairfax County case involving the Shadowood Condominium Association the Court examined whether or not the board could assess charges against an owner for failing to submit a unit owner status report required by the Association and for violations of rules by the unit owner’s tenants.  It appears that this association’s documents had not adopted the provisions provided in the Virginia Condominium Act authorizing the assessment of charges for rules violations. In fact the Master Deed provides that “no common expense or other sums shall be assessed….other than for the maintenance, repair, replacement or improvement of the general common elements….”

Continue Reading Virginia Supreme Court focuses on authority of Association Board to impose charges or suspensions

QUESTION:
 
I’m a member of the Common Area committee for our homeowners association.  Yesterday a resident asked me what the process is for buying common area property, if there’s a process and, if not, why not.  She’s interested in a tiny piece of land next to her home.  I told her I’d look into it and while I admit my research skills aren’t great, I cant find anything that says she can or she cant, and why.  Can you help point me in the right direction?
 
ANSWER:
 
In answering you, I am assuming that this community is an HOA vs. a condominium.  There is no process via statute or otherwise, nor a prohibition regarding the acquisition of common area in an HOA.  The ability to do so may be addressed by the Declaration and a determination should be made if it is or not.   If not, then it amounts to a decision being made by the Board of Directors, acting in their fiduciary capacity, as to whether or not the parcel being sought is, or may be, of any real use to the members to use in common.  It would seem that a proposal of this sort should be publicized along with the price being offered and an opportunity given to the association members to comment at a board meeting where time is set aside specifically to hear comments on this owners proposal. I would think that an appraisal would be required so as to insure that the parcel is not sold for too little, which is not to say that the board may not require a significantly greater price.  A title exam should be done to make sure that the association got title to the common area from the developer… sometimes title is overlooked.  Also, there is an issue of getting City approval to carve out a parcel of land to sell to an adjacent owner that intends for it to become part of their lot.  There are City regulations on subdivisions with which you must comply.  You should talk to a local surveyor or engineer to find out if there is an issue.

Question: What liability is a Condominium Association exposed to regarding an accident within the community due to speeding? We have a posted speed limit of 15 MPH and have regularly in community newsletters and correspondence reminded residents to slow down. Could we be successfully sued for an accident simply because it happened on our streets?

Answer: You cannot be held liable for the criminal acts of third parties. This does not mean someone will not try to sue looking for a deep pocket to collect from but there is no liability if you have properly posted the speed, it is a reasonable speed and there is nothing which the Association has done to encourage speeding. It may be helpful, if you can prove a violation, to fine the individuals through a properly held due process hearing. Good luck