Condo & HOA Law

Can We Stop a Unit Owner From Using Soap at the Pool Shower?

Q:     I live in a 66-unit condo association with an outdoor pool. There is a shower area by the pool for rinsing off before using the pool/spa. My question is, are residents allowed to actually shower with soap even when the pool rules state otherwise? There is a Unit owner who uses the shower with soap, then leaves the pool area and I would like to know how we can stop him.


A:     If the rule expressly prohibits using soap when showering at the pool then the person is violating the rule. The Board has an obligation to enforce the rules. If the Board does not want to enforce the rule it should change the rule. However, Board adopted rules must be reasonable and related to health, safety and welfare so I think it is debatable if a rule against using soap would meet this test.


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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to:  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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