Q: Hi, I’m on the board of a HOA, and one of the properties in our community is owned by a bank. We’re pretty sure that the bank hasn’t sent anyone to the property to inspect it, because the pool isn’t being taken care of, and it’s turned a gross green color. We’re worried that the pool will turn into a breeding ground for mosquitos and be a dangerous place for neighborhood kids to play in. Is there anything we can do to take care of this problem on our own?
D.W., Boca Raton, FL
A: The short answer is that it depends on what powers your governing documents grant to the Association and/or the Board. If your governing documents give the Association or the Board the right to enter onto the property and remedy the condition of the pool because the owner is failing to maintain the property, then the answer is clearly yes, and you would need to follow the protocol established by your governing documents. For example, typically the documents will require a letter to be sent to the owner providing them with “x” number of days to comply with the demand to do the work themselves. We recommend the letter to be sent via certified mail, return receipt requested, and regular U.S. Mail. If the governing documents are silent, then it is still possible for the Board to take action. In either case, the Association should only do the minimal amount of work to remedy the violation. So in this instance, for example, the Association should have the pool drained, have any necessary pest control work done, and secure the pool by putting up a pool cover so that no one can fall in, but they should not take any other remedial action.
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