Lady Lake, FL asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida

Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong and is stonewalling us in getting the classification changed to PRIVATE which has substantially lower operating costs/requirements. While admittedly most HOA pools are Public, our pool uniquely lies on a single residential lot and according to our search of multiple Florida regulations there are no HOA regulations but the Public Health Code states "Public swimming pool” means a swimming pool, as defined above in {514-Public Pools}, which is operated, with or without charge, for the use of the general public; however, the term does not include a swimming pool located on the grounds of a private residence."

Are we right in requesting the Board treat this private lot pool as a Private Pool?

1 Lawyer Answer

A: No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

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