Condo Pool Access Sparks Debate, Raises legal Questions
PHILADELPHIA, PA – A local resident is seeking advice after granting a non-resident access to their condominium’s pool for the entire summer for a nominal fee, sparking concerns about potential bylaw violations and fairness to other residents. the situation, detailed in a recent “Ask Eric” advice column, highlights a growing tension between neighborly generosity and the responsibilities of condo ownership.
The homeowner, identified only as “Dear Code,” allowed an acquaintance access to the building’s pool for $50 for the season. The advice columnist, R. Eric Thomas, cautioned the homeowner about the potential ramifications, urging them to review their condo’s bylaws.
“You have the power and the right to redefine the terms of this arrangement any time you want,” Thomas wrote. “You don’t have a pre-existing relationship, and it sounds like, beyond the text and the gift card, you don’t have much contact now. So, she has no right to expect this. And I can’t imagine that if your condo board got wind of this,they’d be pleased.”
Condo associations typically have strict rules governing pool access, ofen limiting it to residents and their guests. Allowing a non-resident extended use of the amenity could be considered a breach of those rules, potentially leading to fines or legal action. Moreover, increased pool usage impacts maintenance costs, which are typically covered by condo fees.
Thomas suggested several solutions, ranging from terminating the arrangement entirely to raising the fee to cover the homeowner’s share of pool expenses. He also pointed out option options for the pool-seeker, such as public pools, gym memberships, or even relocating to the building.
“If you do decide to keep giving her the code, raise the price to match the pool expenses lumped into your condo fees,” Thomas advised. “But frankly, this might create more problems than it solves. If she was a one-time guest, it would be a different story, but she’s taking up summer residence, which affects you and your neighbors.”
Readers can submit questions to R. Eric Thomas at eric@askingeric.com or P.O. Box 22474,Philadelphia,PA 19110.