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How should our HOA board handle an owner who wants to reserve the pool for a private party?

By OurHOA · General information · Revised

How an HOA board handles an owner's request to book the pool for a party: shared vs exclusive use, guest caps, health code limits, deposit, alcohol and a sample form.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Allow it under a written reservation rule, and reserve part of the pool area rather than the whole pool. A birthday party that takes the cabana, two tables and the shallow end for three hours on a Saturday is ordinary owner use with a guest list. A party that locks every other owner out of the pool on the Fourth of July is a fight the board will lose. Before approving the first request, check two things: whether the declaration lets the board grant any exclusive use of common area, and whether the health permit treats the pool as members-and-guests only. Then set a guest cap below the posted user load, require the owner to stay for the whole event, collect a refundable deposit, and post a notice at the gate so nobody is surprised. If your documents say nothing about reservations, adopt a written rule first and decide requests under it, not one at a time.

What your documents allow

Most declarations give every owner a right to use the common area, often called an easement of enjoyment, and let the board adopt reasonable rules for that use. A rule that lets one household book a defined area for a few hours usually fits. A rule that gives one household the entire pool during open hours is harder to defend, because it suspends every other owner's right for a private benefit. Read the amenity article of the declaration and the bylaws, and ask the association's attorney if the language is unclear. Decide in the same rule what happens to owners who are behind. Florida section 720.305(3) lets an association suspend common-area use rights, including the pool, for a member more than 90 days delinquent on a fee, fine or other amount owed, until it is paid. In Texas, Property Code section 209.006 requires written notice by verified mail, a cure period and a hearing right before an association suspends an owner's right to use a common area, so a Texas board should deny a booking only after that process has run. Rules vary by state and by your governing documents, and this guide is general education, not legal advice.

Keep it a members-and-guests event

The health code is the reason to keep these parties small and private. Texas classifies a pool operated for a property owners association as a Class C pool, limited to members and their guests and not open to the general public (25 TAC 265.182). Section 265.194(a) says a Class C pool that is made available to the public for specific occasions, with or without a fee, must meet Class B operational standards for that use, and section 265.191(a) requires at least two lifeguards at a Class B pool whenever it is open. A party posted on a public events page, or one that sells tickets at the gate, can turn your quiet neighborhood pool into a lifeguarded one for the afternoon. In Florida, section 514.0115(3) exempts pools serving homeowners associations of no more than 32 units or parcels from health department supervision except for water quality, provided they are not run as public lodging. Larger associations stay under the state permit. In Colorado, call the county health agency that inspects the pool. In every state the rule is the same in practice: invited guests of a named owner, no admission charge, no public advertising.

Head count, hours and supervision

Start with the maximum user load on the sign at the gate. Texas requires that number on the pool's safety signage (25 TAC 265.190(f)(5)), and most permitted pools elsewhere post one too. The party's guest cap has to leave room for owners who are not invited, so set it well under the posted limit. A workable rule for a pool rated at 60 is 25 party guests, counting adults and children, with the rest of the pool open as usual. Require the owner who books to be at least 21, to sign the form and to stay until the last guest leaves. Children under 14 need an adult watching them in the water, which matches the Texas sign that says so. If the party is mostly young children, require the host to hire a certified lifeguard through the association's pool company, at the host's cost, for anything over 15 kids. Book parties only during posted hours and end them at least 30 minutes before closing so the pool attendant or the last owner can lock up on time. No after-hours parties, ever.

Food, drink and alcohol

Texas bans glass anywhere in the pool yard and requires food and drinks there to be in non-breakable containers (25 TAC 265.194(q)). It also bars food and drink in the water at pools that are not privately owned and operated, and requires covered trash cans wherever food is served (265.194(p) and (r)). Put all three in the reservation rule whatever your state, because a broken bottle on a pool deck means draining or closing the pool. Alcohol is the board's call. Many associations ban it at the pool and allow it only in the clubhouse. If you allow it, ask the insurance agent in writing whether the general liability policy covers host liquor liability for an owner's private event, and require the host to carry a homeowners policy that does. Never allow a cash bar, a tip jar or anything else that sells drinks. Amplified music should follow the community's quiet hours, and the host is responsible for keeping the noise inside the pool fence.

Fees, deposit and the reservation form

Charge a booking fee that covers the extra cleaning and a refundable deposit that covers damage, for example a $50 fee and a $200 deposit. Keep the deposit in the books as a liability until the inspection is done, not as income. Return it within 14 days of the party, less documented cleaning or repair costs, with a short written list of any deductions. Limit each household to two pool reservations per season so the same families do not hold every weekend. Sample form language: 'I request use of the pool cabana, two picnic tables and the shallow end on [date] from [time] to [time] for no more than [number] guests. I will be present for the entire event. I understand the pool stays open to other owners, that glass and alcohol are prohibited [or: alcohol is allowed only in cans], that guests must follow all posted pool rules, and that I am responsible for my guests' conduct and for any damage or extra cleaning. I agree to pay the $50 fee and a $200 refundable deposit.' Have the board adopt the rule by motion: 'Moved, that the board adopt the attached pool reservation rule effective May 1, with written notice to owners at least 30 days before that date.' Adjust the notice period to your state statute and bylaws.

A sample timeline

The owner submits the form at least 14 days before the party. The manager or the director who handles amenities confirms within 5 days that the date is open, the owner is in good standing and the guest count fits. At least 48 hours before the event, post a notice at the pool gate and on the community calendar: 'Private party on Saturday, June 14, from 1:00 to 4:00 p.m. The cabana and two tables are reserved. The pool remains open to all owners.' On the day, the host collects guests at the gate, because guests do not get key cards or codes. The day after, a director or the pool service company checks the deck, furniture, restrooms and gate, takes photos, and reports any damage. The treasurer returns the deposit or sends the itemized deduction within 14 days. Our guide on how to write an HOA clubhouse rental policy covers the same steps for indoor rooms, and our guide on handling a swim team request to use the HOA pool covers outside groups that want regular pool time.

Mistakes boards make

Approving the first request by text message, then having no rule when the next ten arrive. Letting a director's family book the whole pool on a holiday weekend. Accepting a guest list of 80 at a pool posted for 60. Handing out the gate code to party guests, which then circulates for the rest of the summer. Letting a teenager's party go ahead with the parent who booked it at home. Skipping the post-event inspection and arguing about damage three weeks later with no photos. Keeping deposits in the operating account and spending them. Forgetting to tell owners, who arrive with their own kids and assume the pool was closed for one family. Each of these is fixed by a short written rule, the same form for every household, and a notice at the gate.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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