What you describe is not at all uncommon. Do I have the legal right to bar them from implementing this new “application process?” (L.L., via e-mail)Ī: You certainly have the right to vote for or against the amendment. I feel that the board has no right to interfere with the sale of my home. I am worried it will decrease the pool of potential buyers. Q: Our homeowners’ association is looking to amend our documents to include an application process for new buyers. Your board would need to determine if the community pool has compliant lighting before considering whether to change the pool’s hours of operation.

Following approval, the phrase “night swimming approved” will be noted on the Florida Department of Health’s pool permit. The lighting plan has to be certified as compliant by an engineer licensed in Florida and must be approved by the local building department after a professional conducts a field inspection.

These standards are found in Chapter 64E-9.006(2)(c) of the Florida Administrative Code.

Under state codes, regulated pools cannot be open at night (defined as 30 minutes before sunset to 30 minutes after sunrise), or when adequate natural lighting is not available, unless the pool and pool deck have proper lighting for the safety of patrons. Any changes to the rules governing the common areas would require 48 hours’ posted notice of the board meeting where the rule is considered, plus adherence to any particular requirements of the governing documents for the community. Generally, the board has the authority to adopt reasonable rules governing the use and operation of the common areas. The law only requires that the pool hours must be posted on the rules sign adjacent to the pool. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail)Ī: The Environmental Health Division of the Florida Department of Health does not specify required hours for community swimming pools. Residents who work are not able to use the pool during the week. Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early.

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