How strict should homeowner Association Rules be for our fenced in swimming pool be and are birthday parties for our children so risky that they shoud not be allowed?

Answer 1

Your question combines the attractive nuisance value of a swimming pool, children and their safety, and the liability of the association that owns the pool.

Rules are intended to enhance the livability in the community of all its residents.

Perhaps a committee and several open discussions on the topic can develop rules that satisfy the majority of residents in your situation.

There is no standard answer to your question.

Answer 2

Pools are an amenity offered in many common interest communities. The rules for a pool area focus on liability. Private pools do not generally have a lifeguard on duty. They are not generally provided as a party area for a party that includes non-residents.

Pool areas are inherently dangerous since watery walking surfaces are slippery and of course, there is the constant danger of drowning. Adding children enjoying a birthday party to the mix increases the possibility of injury. Some children run in the pool area and jump into the water without much concern for safety- their own or of others. Hosting a pool party for children carries a significant amount of risk and if, for instance, there are ten guests the risk can be multiplied by ten. A lawsuit for an injured child could be expensive. The strictness of the rules should mirror the amount of strict liability the association and unit owners are willing to take on.