The right to use HOA common areas is automatically transferred to tenants of association members, including the ALPHA swimming pool. Homeowners cannot legally preclude tenants from using the pool. Our current method for tenant use of the pool requires the homeowner to complete an authorization form. If the homeowner doesn’t do this, our past policy restricted tenant’s use. This isn’t in line with state law.
That being said, it is also within the law for ALPHA to verify the identity of those using the pool so that it’s use is limited to authorized association members or their tenants.
For 2013, any renter or tenant of any improved lot may use the ALPHA swimming pool after they have provided the board of directors or its agent a copy of their rental or lease agreement.
This shifts the responsibility of registering tenants at the pool from the lot-owner to the tenant. If the tenant wishes to swim, they can do so without having to contact their landlord for authorization. Since the legal right to use the pool is automatically transferred to the tenant anyway, the only thing the tenant has to do is verify that they are a resident of Lilac Park.
A formal pool-use policy is being drafted for this year and will include these new rules along with general pool use information.