Whether it’s due to rain, snow, or simply improper sewage systems, drainage problems in HOA communities are not unheard of. In fact, they can be fairly common in low-lying or poorly constructed neighborhoods. What do you do when it happens? Let’s find out.

The Impact of Drainage Problems in HOA Communities

Drainage problems in HOA communities can have a significant impact on community living and property. The following are the most common consequences of improper drainage:

• Poor Aesthetics. Improper drainage can lead to unsightly standing water in the community’s yards and common areas. They can be unappealing to onlookers which can reduce the HOA’s property values.
• Pest Infestations. Standing water is a breeding ground for pests like mosquitoes. As a result, homeowners may suffer from infestations and pest-related illnesses.
• Water Quality Problems. Poorly managed stormwater runoff can carry pollutants like trash, oil, and sediment that can lead to poor water quality in local resources.
• Erosion. Improper drainage can cause soil erosion which is bad for the environment. Moreover, it can compromise the structural integrity of nearby infrastructure such as homes, roads, and sidewalks.
• Flooding. Insufficient or poor drainage can cause flooding, leading to property damage for the HOA and its residents. It can also be inconvenient as flooding prevents people from freely entering and leaving certain areas.

Common Causes of Drainage Problems and How to Fix Them

There are several causes of drainage issues in homeowners association communities. Here are the most common causes to watch out for.

1. Blocked or Clogged Basins

Poor drainage in HOA communities can result from something as simple as clogged drains. Remember to check the catch basins and storm drains in the HOA’s private roads. Make sure they’re unobstructed to keep the stormwater away.

Clean up all the vegetation, debris, and trash around the area. If the community is large, consider adding public trash cans so community members can dispose of their garbage properly.

If your community has problems with clogged drains, it’s likely a result of poor maintenance. The community should allot enough money to clean the streets and remove debris from drainage systems. It’s a relatively simple solution, but it works wonders for fixing drainage problems in HOA communities.

2. Improper Slopes

Proper slopes in driveways and roads can cause chronic flooding in HOA communities. This is a design problem related to the developer’s original construction. For example, if the streets were paved higher than the ends of driveways, the developer didn’t consider stormwater drainage. It could also be a landscaping issue if landscapers don’t consider the drainage system.

You’ll know there’s an improper slope in the community if water pools only in certain parts of common areas or homeowner yards. In some cases, homeowners associations can fix this by repaving the streets. However, severe cases may require the help of an HOA contractor, such as a design engineer. The engineer will assess the issue and recommend ways to enhance the drainage system to accommodate the design flaws.

3. Improper Landscape Grading

A stormwater drainage problem in HOA communities can be caused by improper grading. Grassy areas and other landscaping must be graded properly to facilitate the drainage of stormwater. Otherwise, it can lead to flooding and other issues. After it rains, consider observing any low-lying landscapes to see whether there is ponding or areas of standing water. This indicates a drainage problem that could be caused by improper grading.

Fortunately, HOA drainage problems like these are easy to remedy. Sometimes, the solution is as simple as reworking the areas to add a stormwater management solution. For example, the HOA could add a grassed swale or mulch to the landscaped bed areas to drain the stormwater.

Adding a grassed swale creates a channel where the water can collect and drain out. Often, these contain vegetation made to guard against soil erosion. Meanwhile, mulching is great for compacted soil. It boosts the soil’s ability to absorb water and prevent it from collecting on the surface.

4. Lack of Stormwater System Maintenance

Some HOAs may have a stormwater management system that hasn’t worked well. This is often due to the lack of maintenance and regular inspections.

HOA board members should stay on top of routine inspections to quickly identify problems before they start. Doing so also prevents sidewalks, roads, driveways, and landscaping damage that could lead to more maintenance work.

Stormwater system maintenance is especially important before the rainy season. Otherwise, the community may have problems with ponding and even flooding. This could lead to devastating damage to the community’s common areas. It could also damage individual homes, leading to homeowner frustration and dissatisfaction.

How do you mitigate this? Firstly, the HOA board should install an effective stormwater management solution if the community doesn’t already have one. If they do, the board should take charge of the following maintenance responsibilities to keep their stormwater management system in check:

• Common area and easement inspections
• Debris removal and cleaning in catch basins and drains
• Creating slopes in open lawns for proper drainage
• Restoring eroded or compacted soil
• Repair of damaged or cracked concrete

Referring to the community’s original site plan and the CC&R’s maintenance guidelines might be helpful. Past drainage reports can also help the association pinpoint potential problem areas within the community. If the board can no longer access these documents, they can hire a drainage engineer to fix the community’s stormwater drainage system.

Additional Stormwater Management Tips

What stormwater management solutions can HOAs use to prevent drainage problems? Here are some long-term projects communities can undertake to manage stormwater runoff better.

• Green Roofs. HOAs can cover roofs with vegetation to reduce the flow of rainwater and delay the rate at which it flows down.
• Permeable Pavements. HOAs can use permeable materials for surfaces like walkways and roads to allow stormwater to seep into the soil. Instead of using concrete or asphalt, consider using porous asphalt, grid pavers, and pervious concrete.
• Rain Gardens. HOAs can install rain gardens that facilitate runoff to ponds in specific areas, allowing the water to filter through the plants and soil.
• Vegetated or Dry Swales. HOAs can use vegetated drainage paths to transport stormwater, slow runoff, facilitate infiltration, and filter pollutants.
• Constructed Wetlands. HOAs can create constructed wetlands to collect and filter stormwater.

Stay on Top of Stormwater Management

Many things can cause drainage problems in HOA communities. HOA boards need to stay alert and prevent any issues from arising. Otherwise, the community’s residents might think the board is not properly maintaining the community’s common areas. This could lead to conflict and even legal or financial liability when the damage is extensive enough.

Condo Manager is a convenient HOA management software that can assist HOA management companies and self-managed associations. Call us today at (800) 626-1267 or contact us online to book a free demo!

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• Neighbors Tree Disputes: Who’s Right Or Wrong?

What should homeowners do if a neighbors tree is overhanging, encroaching, or has caused property damage? Let’s explore how neighborhood trees can cause conflict and what to do about them.

Neighbors Tree Disputes in HOAs

Many homeowners plant trees on their property to beautify their yard’s landscaping. Some even plant trees for privacy from neighbors. However, as people do, trees do not follow the governing documents or encroachment laws. They grow tall and wide and do not obey property lines. This is why conflict regarding trees is one of the most common sources of disputes in HOA communities.

Property Encroachment

Often, HOA neighbor’s tree disputes involve property encroachment. It’s not uncommon to find overhanging tree branches in the HOA community. This can be a nuisance for neighbors whose view from the front yard might be blocked. Tree overhangs can also pose a security risk, as trespassers can use the overhangs to climb over fences. Overhanging branches can also cause a mess as tree leaves and fruits may fall onto the neighbor’s property.

Encroachment issues may also involve tree roots or the way the tree grows. Let’s say the tree’s trunk or roots grow into the neighbor’s yard or property. Who owns the tree? Moreover, who has the right to eat its fruits and is responsible for tree trimming and maintenance? These can be tricky to navigate as it may vary between states and communities.

Property Damage

A neighbors tree can also cause damage and it can be hard to know who to hold responsible. There are many instances wherein these accidents are deemed as “Acts of God.”

In these cases, the property owner is responsible for repairs and maintenance, even if the tree isn’t theirs. The same applies to homeowners associations. If the HOA’s sidewalks or common elements are damaged by homeowner trees, the HOA is often responsible if it is an act of God.

However, there are times when the tree owner is responsible for property damage. This often happens when the tree owners can’t properly care for the tree to prevent it from causing harm. It also applies when the tree owner knows that their tree poses a threat yet does nothing to remove or prune the tree.

The First Question to Ask: Who Owns the Tree?

Before identifying who is liable for various tree-related issues, it’s important to establish who owns the tree. This can shed much light on who may be held responsible for damages, encroachment, or upkeep. It also determines who can prune or cut the tree down.

As such, reviewing the community’s plat or map to determine property lines is essential. If a tree resides on the HOA property, the tree will likely belong to the HOA. Meanwhile, if a tree resides on a resident’s property, the resident is responsible for the tree. This usually applies regardless of who planted the tree in the first place.

Apart from this, the state’s tree law often determines ownership. For instance, California determines ownership based on where the tree trunk stands. If the tree trunk stands wholly on a neighbor’s property, then the neighbor owns the tree.

However, if the tree trunk stands partly on the land of two or more properties, it’s usually deemed a boundary tree. In many cases, all the property owners jointly own the tree. Hence, they are all responsible for caring for the tree. Moreover, if the tree is healthy, no one property owner can remove the tree without the permission of the other owners.

It’s also important to note that, depending on state law, tree roots typically do not determine ownership. Even if the tree’s roots grow well into a resident’s yard, that resident still does not own the tree. Ownership determines where the tree trunk stands, not where the roots grow.

Finally, it’s also crucial to review the governing documents. Special provisions may outline who is responsible for tree maintenance, trimming, and property damage. The HOA may also have a tree policy that the board and the other residents must follow.

How to Deal With Neighbors Tree Disputes

What can homeowners and HOAs do when it comes to tree disputes? Let’s address the most common questions and concerns homeowners have.

Can I Trim a Neighbor’s Trees Overhanging My Property?

In many states, homeowners can trim limbs and branches that exceed property lines. However, homeowners have to trim only up to the boundary. They cannot go onto their neighbor’s property to trim the tree.

Moreover, it’s never a good idea to destroy the neighbor’s tree. This is because harming the tree will likely lead to liability and monetary penalties.

Can I Eat the Fruit From the Neighbor’s Tree if It Overhangs My Yard?

It depends on the state. Fruits belong to the tree owner, so it’s best not to pick fruits if the tree does not belong to you. However, state laws and courts are divided on whether or not homeowners can eat their neighbor’s fallen fruit. It’s best to check local laws and ordinances before eating the fruit. Otherwise, you may incur penalties.

Who Is Responsible if the Neighbor’s Tree Damaged My Property?

“A neighbor’s tree damaged my fence, what do I do? What are my options if the neighbor’s tree damaged my house?” In these cases, it depends on what caused the damage. The court will likely turn to the reasonable care standard if the tree fell due to a storm or natural disaster.

This means that if the neighbor took reasonable care of the tree and maintained it properly, the neighbor is likely not responsible for the damage. It may be deemed an “act of God.” In this case, the property owner is responsible for repairing the fence or the home. However, if the neighbor did not properly maintain the tree or knew its branches were a threat, they may be liable for the damages.

Apart from natural disasters, growing tree branches and roots can also cause damage. In most cases, the homeowner cannot sue the neighbor for the roots or branches. Hence, trimming the tree’s branches and roots is the safest option to avoid potential damage.

On the other hand, some states do allow homeowners to sue if certain conditions are met. For example, some states allow lawsuits if the invading branches or roots cause serious harm to the homeowner’s property. They may also be able to sue if the encroaching tree is planted and not “wild.” Regardless, it’s best to check state law to verify what you can do if the neighbor’s tree branches or roots cause property damage.

What Can I Do if the Neighbor’s Tree Looks Like It Will Fall on My House?

Homeowners are responsible for making reasonable inspections and taking care of trees to ensure safety. If the neighbor does not remove or cut the tree and it causes damage, the neighbor may be liable for it. Make sure to speak to the neighbor about the potential threat. If you do, the law may be able to protect you.

Apart from this, you can call your municipality, as most city ordinances forbid homeowners from maintaining dangerous conditions, including dangerous trees, on their property. The municipality may remove the tree or order the neighbor to remove the tree.

Dangerous trees may also pose a threat to utility companies. If the tree threatens the utility company’s equipment or is a fire hazard, the utility company may help you remove the tree.

Finally, you can file a nuisance claim as the tree may interfere with the use and enjoyment of your property. If the court thinks the tree is a nuisance, they may order the neighbor to remove or prune it. You must file a lawsuit in regular court, but be ready to present evidence that the tree is hazardous.

Can I Be Compensated if a Neighbor Killed My Tree?

Yes. Those who hurt, remove, or cut down trees without the owner’s permission are often liable to the owner. The tree owner may ask for compensation or file a lawsuit to enforce that right.

Do I Have a Good Nuisance Claim if the Neighbor’s Tree Leaves Blow Into My Yard?

No. Leaves are often considered natural products. Hence, the homeowner cannot file a legal claim against their neighbor even if they damage the property by clogging pipes or gutters.

Do I Have to Trim My Tree if the Neighbors Complain About Its Height?

It’s best to talk to your neighbors to understand how much trimming would be enough. If they’re not asking for too much, and trimming doesn’t affect the tree’s health or aesthetics, it’s best to consider trimming it.

This can help you avoid conflict with your neighbor and maintain a peaceful community. They may even agree to cover or split the cost of tree trimming. However, hire a professional neighborhood tree service to do the job. A neighbor tree service can ensure the tree is trimmed without affecting its health or visual appeal.

On the other hand, if you do not want to trim the tree, it’s important to review local tree ordinances. Let’s say the tree is hazardous to your neighbor as its branches dangerously overhang their property. You may violate a local ordinance by not trimming the tree in this case.

Apart from this, some laws may impose height limits, view ordinances, or property line limits. Make sure your refusal does not violate any local laws. Otherwise, you may find yourself in court over the tree dispute. It’s also important to check the HOA’s governing documents. The community might have restrictions regarding tree heights or rules about tree trimming that you need to follow.

Navigating Tree Disputes

Trees are often a point of tension within private communities. That’s why communities need to know how to deal with disputes involving a neighbors tree. They must understand how ownership works, what they’re responsible for, and what they cannot do.

Are you in need of reliable HOA management software? Condo Manager offers the best tools for self-managed communities and HOA management companies. Call us today at (800) 626-1267 or reach out to us online to book a demo!

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HOA sidewalk maintenance is often a topic of debate in planned communities. But, who is really responsible for sidewalks? Is it the HOA, the homeowner, or the city? Let’s find out.

Who Is Responsible for HOA Sidewalk Maintenance?

Is the sidewalk in front of your house your property? If not, is HOA responsible for sidewalks or is the city responsible for sidewalk repair and maintenance? Unfortunately, there is no straight answer to this because it varies depending on the circumstances. In fact, HOA sidewalk repair and maintenance can even be shared responsibilities in some communities.

How do you know who repairs sidewalks in a homeowners association? The first thing to do is to check state law and local legislation. In large cities, the city is typically responsible for HOA sidewalk maintenance when they’re located on public roads. Meanwhile, if the road or sidewalk is private and located in a small town or suburb, it’s usually not the city’s responsibility.

In fact, some states have concretized this. For example, in the case of Qian vs. Toll Brothers, Inc., the New Jersey Supreme Court decided that private sidewalks are the association’s responsibility because they’re part of the common areas.

Check the Governing Documents

If the city is not responsible for HOA sidewalk maintenance, then the burden falls on either the HOA or the homeowner. To verify which of them holds responsibility, it’s imperative to check the governing documents. More specifically, homeowners and board members should check the community plat or map.

The governing documents may consider sidewalks as part of the community’s common areas. In that case, the association is responsible for the HOA sidewalk maintenance. The board needs to hire vendors for cleaning and snow removal to ensure they’re in good shape.

On the other hand, if the community plat considers sidewalks part of the owner’s separate interest, then the homeowner is in charge of maintaining them. They will need to hire vendors separately or maintain the sidewalks themselves.

Cause of Damage and Special Cases

Sometimes, the lines may blur if someone else is directly or indirectly responsible for the damage caused to the sidewalk. For example, let’s say a homeowner planted a tree that damaged the sidewalk as its roots grew.

The sidewalk is considered part of the common areas and is the HOA’s responsibility. However, is the HOA still responsible when the homeowner was the one who planted the tree?

It also depends, again, on state law and the governing documents. Either of these may specifically address damage to HOA or a neighbor’s property. If they don’t, the outcome could change based on many different variables.

For instance, if the homeowner planted the tree on private property, the HOA may have grounds to pass the burden of responsibility to the homeowner. However, if the homeowner planted it in a common area with the board’s approval, it may remain the HOA’s responsibility.

On the other hand, it may not always be that simple. If the HOA left the tree alone for a long time without taking action against the homeowner, the resident may have a defense against the HOA. They could say the HOA sat on their rights for too long and that the homeowner has been prejudiced.

In the end, it will be on a case-to-case basis. If things are unclear, it’s best to consult with an attorney who specializes in these issues.

Why Is Clarifying Responsibilities Necessary?

It’s always important for homeowners and board members to clarify maintenance responsibilities in any community. Leaving it ambiguous could cause disputes in the HOA down the road. Moreover, if the residents think the HOA is responsible when it isn’t (or vice versa), the sidewalks can fall into disrepair. This could affect the community’s curb appeal and even compromise safety.

In addition, it’s best to clarify responsibilities to avoid legal liability. For example, let’s say it often snows in the community. An HOA responsible for sidewalks should maintain it regularly. But if the board is misinformed and believes it is the homeowners’ responsibility, they may face legal liability if someone slips and falls.

The same is true in the reverse. If the homeowners are unaware of their responsibility, they may face a surprise lawsuit if an accident happens. They may blame the HOA without knowing they are, indeed, the ones responsible. This could lead to conflict and multiple lawsuits that could have been avoided.

Maintaining HOA Sidewalks

If the responsibility falls on the HOA, it’s best to stay on top of sidewalk maintenance. As long as the homeowners association does its duty, it shouldn’t face too much liability if someone has an accident. Maintaining the sidewalks will also keep the homeowners happy.

What can the association do to maintain the sidewalks? Firstly, the board will have to inspect the community’s sidewalks for any cracks, damages, or landscaping issues. They need to address these problems as soon as possible to avoid accidents.

Afterward, the HOA must be proactive and schedule regular maintenance activities. They can hire cleaning services or snow removal vendors to regularly maintain the sidewalks. Moreover, they need to set aside a budget for sidewalk maintenance and adjust the assessments accordingly.

On the other hand, if the responsibility is on the homeowners or it is shared, the HOA should clearly communicate this with the community. The board should send reminders to the homeowners and work closely with them to keep the sidewalks in good shape.

Creating a Safe and Harmonious Community

HOA sidewalk maintenance is often a source of conflict in common interest communities. However, HOAs can easily prevent fights from breaking out if they clarify who is responsible for what. This way, everyone is on the same page and knows what their responsibilities are.

Are you an HOA management company or a self-managed homeowners association having trouble with community management? Condo Manager is your key to success. Our HOA management software has all the necessary tools you need to manage a planned community. Call us today at (800) 626-1267 or contact us online to learn more!

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How do you remove an HOA board member? Homeowners might ask this question when board members aren’t fulfilling their duties. While the process may be challenging, it’s not impossible.

Can an HOA Board Member Be Removed?

At first, removing an HOA board member may seem out of the question, especially since the community elected them. However, it may be possible depending on the reason. The governing documents and state law may outline various acceptable grounds for removing HOA officers.

Many governing documents will allow the community members to remove a board member if they fail to meet certain requirements. For example, if someone doesn’t attend the required number of board meetings, the governing documents may allow the community to remove them. However, removal usually requires approval from a majority of the members. At times, it may require approval from all of the members. Hence, it may be difficult to proceed without support.

Also, state law may allow the community to remove HOA board members or officers under certain conditions. For instance, Florida law states that board members are automatically removed from their position if they’re convicted felons or charged with theft or embezzlement of community funds. They’re also automatically disqualified if they’re delinquent in paying HOA fees.

In some states, the community members can even remove a board member without cause. The law will usually allow this if the HOA meets membership approval requirements. However, checking the governing documents and state laws applicable to your HOA before proceeding is best.

Who Can Remove an HOA Board Member?

If state law and the governing documents allow, the community members can often remove HOA board members. But who else can remove HOA board members aside from the membership? Can an HOA board remove a board member?

It depends. If the HOA Bylaws or Declaration of Covenants, Conditions, and Restrictions (CC&Rs) allow it, the rest of the board can remove a board member. They will often do so by a majority vote of the remaining directors. The conditions for removal will, again, depend on state law and the governing documents. However, most HOAs only allow the board to remove officers from their positions.

Apart from this, the court can also remove directors. This usually happens as a response to the director’s dishonest or fraudulent actions within the HOA. Depending on state law, they may also be able to remove the board member if they’re convicted or declared to be of unsound mind.

Finally, if the developer or a designator appoints a director, they can often be removed by the person who appointed them.

When Can You Not Remove an HOA Board Member?

There are instances wherein communities cannot remove an HOA board member. For example, the community members might not recall the HOA board member the developer appointed. Community members are also not allowed to remove board members appointed by the court. Usually, only the one who designated them can remove the HOA board officer.

How to Remove an HOA Board Member

Is one of the board members in your HOA community unqualified, negligent, confrontational, or causing more harm than good? Depending on the situation, removing the board member from their position may be wise. If this is what you must do, here’s what you must know about removing a board member from an HOA.

1. Check State Law and the Governing Documents

Removing HOA board members is a serious action, and homeowners must proceed cautiously. It’s best to consult the governing documents first, as there may be a specific procedure homeowners must follow. Homeowners should also check applicable state laws to avoid potential violations and penalties.

When in doubt, you can ask a lawyer specializing in homeowners associations. They should be able to help you understand the proper grounds for removal and identify the next steps.

2. Express Your Concern

Homeowners should voice their concerns about the board members before proceeding with the removal. Consider attending a board meeting or writing a letter to the HOA board.

How do I write a letter to remove a board member? First, it’s wise to gather support from fellow homeowners by obtaining signatures for a petition. Make sure to include these signatures in the letter you submit. Also, remember to include the reasons for removal as required by state law or the governing documents.

3. Allow the Director to Respond

The director in question should have an opportunity to respond. They may respond by holding a hearing or simply choosing to resign. The board must notify the homeowners properly if the HOA pushes through with a hearing. During the hearing, the board member can be heard and defend themselves.

3. Hold a Special Meeting

If the board member is to be removed, homeowners usually need to conduct a special meeting to address the removal. The governing documents should outline how homeowners can hold a special meeting and what notices are necessary. They may also indicate how many votes the HOA needs for the motion to pass.

4. Replace the Director

After voting, the homeowners should have a plan to elect a replacement board member. This prevents the HOA from having any vacant positions. Consult the governing documents to ensure you follow the community’s election procedures.

Difficult, But Sometimes Necessary

HOA board members have a fiduciary duty to act in the community’s best interest. However, not all board members align themselves with the HOA’s goals. Some are antagonistic, self-serving, negligent, or even downright dishonest. If peaceful resolutions fail, the community may need to remove an HOA board member.

Whether you’re a self-managed HOA or an HOA management company, it can be hard to oversee a community without the right tools. That’s where HOA management software like Condo Manager can come in. Call us today at (800) 626-1267 or contact us online to book a demo!

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Is hiring an HOA pool lifeguard necessary for safety? Homeowners associations must act in the residents’ best interest. However, this doesn’t necessarily mean every community with a pool needs one. HOAs must consider several factors before they hire an HOA pool lifeguard.

Should You Hire an HOA Pool Lifeguard?

Do HOA pools have to have lifeguards? It often depends on the specific circumstances of the community. A dedicated lifeguard has its pros and cons. Before your community rushes to make a decision, consider these factors first.

1. Safety

Drowning is always a big problem when it comes to communities with pools. After all, it’s one of the leading causes of death for young children. That’s why it may be wise for communities with families to hire an HOA pool lifeguard.

A lifeguard can patrol the perimeter, prevent accidents, and save swimmers in case of an emergency. This protects the members from drowning. It also shields the HOA from liability.

2. Training and Certification

An HOA pool lifeguard has to have proper training and certification. Don’t hire someone who claims to be a lifeguard without the proper credentials. Otherwise, you may face liability down the road if a problem arises.

If you’re hiring lifeguards through a vendor, ask the vendor for the lifeguard’s certification. The same is true if you choose to employ an independent lifeguard.

3. Insurance

It’s best to hire a lifeguard with proper insurance coverage. This can keep the homeowners association from encountering legal trouble if something happens.

Often, vendors that provide lifeguards do have insurance coverage. If you hire through a vendor, chances are they’ll be able to give you indemnification when issues occur. However, if you choose to hire independent lifeguards, seek separate lifeguard insurance. It may cost more, but it’ll save you from trouble later on.

4. Cost

Hiring an HOA pool lifeguard may be the best option in some cases. However, certified lifeguards are often quite expensive. This could raise the community’s assessments and increase the residents’ financial burden.

Professionally trained lifeguards for HOAs are also not always available. They may be quite hard to find. Even if you do find one, chances are they charge a high price. You might even be tempted to hire an uncertified lifeguard instead.

When in doubt, only hire a lifeguard if the budget can accommodate it. Don’t hire someone untrained or uncertified, as that could cause more problems down the road. Furthermore, remember to factor in not only the cost of the lifeguard’s compensation but also the cost of insurance, if any.

5. Liability

An HOA pool lifeguard is supposed to save swimmers when they drown. However, if the lifeguard doesn’t have the right training or skills to do so, they might fail at this very task. The HOA may face liability if it hires a lifeguard with no certification. That’s why it’s important to hire someone with training.

Moreover, it’s best to consult with an HOA attorney about potential risks involving lifeguards. Does your association need to hire one? Or is it best to forego the lifeguard? Some residents may take legal action if an accident happens. Consult with your attorney to ensure the HOA is prepared for potential lawsuits.

6. Size of Community

If your HOA consists of only a few homes, a lifeguard may be unnecessary. Smaller communities are often easier to manage and pose fewer safety risks. However, if your HOA has a large population, it may be worth considering. Larger communities are more difficult to manage. It’s not easy to ensure the safety of all residents without one.

7. Legal Requirements

Some states may require the presence of lifeguards under certain conditions. Review the relevant local and state laws with your attorney to ensure compliance. You don’t want to get into legal trouble because you didn’t hire a lifeguard when you were supposed to.

Moreover, remember to review the community’s governing documents. If the CC&Rs or Bylaws require a lifeguard, the HOA board must hire one.

8. Enforcement of Pool Rules

Most communities will have pool rules. These could include implementing pool hours, age restrictions, and rules on swimming alone. However, enforcing these rules is difficult as the board members aren’t always stationed around the pool.

This is where an HOA pool lifeguard can come in handy. These lifeguards can serve as authority figures who can enforce these rules. The residents are less likely to commit violations when someone is watching.

What if the HOA Cannot Afford a Lifeguard?

If the association can’t afford to hire a lifeguard, there are alternative measures the board can take to ensure safety.

1. Hire a Pool Attendant

The board may consider hiring an HOA pool attendant instead of a lifeguard. These attendants may not have the right training to jump in and save lives when someone drowns. However, they can keep an eye on pool activities and keep it clean.

With a pool attendant, residents and their guests can easily find what they need. They know who to turn to when they have questions. Moreover, the pool attendant can enforce the pool rules in place of the lifeguard.

2. Post Clear Signs

Most state laws and governing documents require the HOA to post clear signs around pools. These can include signs indicating pool rules and usage hours. Post them in a visible spot and make them easy to read. This can keep the HOA from facing liability later on.

These requirements may be in place whether or not you have a lifeguard. However, signs become even more vital when there’s no lifeguard. Apart from posting the pool rules, post signs indicating no lifeguard is on duty.

3. Put Flotation Devices Nearby

It’s best to put flotation devices near the water. This can help save the life of a swimmer in case of emergencies. It can make a huge difference in terms of pool safety.

4. Tighten Security

Consider adding lockable gates around the area if your HOA has a pool. This can help the board better regulate pool hours. Make sure to lock the gates during hours when the pool cannot be used. Also, remember to lock the gates when it’s not safe to use the pool, such as during the winter or when there’s an impending thunderstorm or natural disaster.

Alternatively, the HOA can also provide keys or passcodes to gain access to the pool. The HOA can limit the number of people a passcode allows inside the pool area. This can help tighten security and ensure safety.

5. Provide Waivers

Residents should sign waivers annually to ensure they understand the risks of swimming in an unattended HOA pool. This can help the HOA avoid liability if they choose not to hire a lifeguard. Residents may also be more cautious knowing they signed a waiver beforehand.

A Careful Decision

The choice to hire or not can come with its pros and cons — and both can lead to liability in some cases. That’s why homeowners associations must carefully consider all these factors before hiring an HOA pool lifeguard.

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