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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My condo association board has ruled we can not have our sports

Customer Question

My condo association board has ruled we can not have our sports drink or water bottles pool side. We have been doing so for over 10 years. I submitted a letter from my physician, Michelle Cohen, M.D. of Delray Beach, who cited a diagnosis of "orthostatic hypotension and mentioned she advised me to keep hydrated at all times, especially outdoors. I am asking that Mrs. Petricca be allowed to keep a drink while in the pool area."
I must hydrate with fluids that contain electrolytes. Not plain water. It took two months for the doctor to define this medical condition that had me passing out because of low sodium/potassium levels...related to my adrenal glands.
The board is insisting I get out of the pool and go to a table for the water. Getting in and out of the pool can be difficult. I am 83 years old and had a 65 lb. undocumented, visiting dog jump on me, slam me into the bldg. which caused injury to my back in November. Nothing was done about the dog. We were also told we "could move."
There is a meeting tonight where the BOD will be discussing this pool rule. Please advise my rights regarding this issue.
Thank you so much,
Teresa Petricca
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
You have two options to try to deal with the rule.1) you can petition the board for a formal variance on the rule (this is different from asking an individual board member or the manager for permission), you will want to check your CC&Rs (or whatever title your governing documents use) for the specific procedure for asking for a variance, but in most cases you will do this by submitting a written request for an exception or exemption for enforcement for the rules based on a circumstances (such as your medical condition) to allow you to avoid enforcement. Make sure in your petition to make it in such a way that you are also meeting the HOA's objective - so if they are concerned about drinks being spilled into the pool, you are offering to use leak proof containers, or take some other measure to try to bridge the gap.2) you can use your association's rule making procedure (again the specific rules for your HOA will be in the governing documents), and try to have the rule be voided altogether. The membership can vote down a rule that is implemented by the board, so if you can get a sufficient number of owners to agree with you that the rule is unnecessary, the rule can be voted out - but you need to follow the rule making procedure very carefully (many people ignore the governing documents and simply go door to door getting signatures, this is not the proper way to do this, you need to read your CC&Rs or governing documents to find the procedure for elections and rule making).Finally, with regard to the dog issue, if you were injured, you have a cause of action for personal injury. The HOA may be a joint defendant along with the dog's owner. Personal injury claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert to testify as to the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).