Can directors change pool hours on their own?
Q
When a friend of mine purchased her condo three years ago the pool had specific designated times when adults or children could swim. For instance, children were allowed to swim from 9:00 in the morning until noon and 3:00 in the afternoon until 6:00. Recently, she received a notice that these times had been changed because the board of directors felt that the children had too many hours and there was not enough time for adult swimming only. Residents were upset in this condo and want to know if the board could just change the hours without consulting the owners?
ANSWER: Rules governing the use of a swimming pool are set out in the same manner as any other rules in the corporation. The boards of directors have the power to create or change rules within the condominium community. However, before a new rule or change becomes effective the board must send all owners a copy of the change and the date the new rule becomes effective. The notice should include the fact that owners have a right under section 46 of the Act, to requisition a meeting to discuss and vote on any changes. Owners, representing at least 15 per cent of the units, can ask the board in writing to call this meeting and should state clearly in the requisition the purpose of the meeting. If the owners do not requisition a meeting within 30 days of receiving the new rule, the rule becomes effective. It seems reasonable to have different times set aside for adults to enjoy the pool as well as the children. One must take into consideration that children love to splash and make lots of noise in the water. On the flip side some adults like to have a nice relaxing swim while others could be doing laps. The board must ensure that all the rules are fair and are not discriminatory in any way.
Creating rules would be a much easier task if the directors would request owner input. It doesn’t take that long to send out a survey outlining some pending changes to see what the owners think. When owners are requested to help establish rules, it allows them to feel they have a say in how things are run. You will find that owner participation creates excellent community spirit and will result in rules that everyone can live with. Good Luck!