Q: Is the pool equipment behind the fence considered a common area? We have put a lock on the fence now and 1 owner is mad
The pool company we are using will not take ownership of the issues when other owners are going in that secured area and flipping switches, turning on and off pumps… Adding chemicals. We put a lock on it now, and one owner is upset and calling it common area, is this really common area? I’m in Texas.
A: A swimming pool in a multi-family complex is typically a common area that is managed and controlled by the property manager/property management company for the complex. A property manager absolutely can place a lock on the area containing the pool equipment to prevent a tenants from damaging the equipment. An owner of the complex likely can direct the property manager to allow him/her to have access to the area if that owner has such authority pursuant to his/her agreement with the other owners of the complex. If you have a question regarding such authority, you need to read the agreement among the owners and the agreement between the owners and their property manager/management company.
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