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My neighborhood is Strathy in Richmond, GA. Some of the

My neighborhood is Strathy...

My neighborhood is Strathy Hall in Richmond Hill, GA.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Some of the homeowners in my neighborhood have to pay HOA fees, others do not. Those of us that have to pay get full use of the community pool, homeowners that do not have to pay but would like to use the pool, pay HOA.

Lawyer's Assistant: What steps have you taken so far?

My issue is that I hired a swim instructor to give my kids swimming lessons that of course take place at our community pool. This instructor teaches for 5-6 families here and she has taught for our community for about 5 years. She has her own liability insurance.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yesterday, a woman at the pool complained that we shouldn't have a private swim instructor at our community pool. She contacted HOA and my instructor was kicked out.

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Answered in 10 minutes by:
6/13/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about your situation.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Kindly note that I do not need the re-posting of the previous post. I just need to know what your specific question is.

Did the HOA cite the rule that you violated for having a private instructor at the pool?

Thank you for your cooperation.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Customer reply replied 2 months ago
My question is, what rights do I have as a member(?) of HOA with being able to have a swim instructor give swim lessons to my kids at the community pool? Also, does this mean i am trying to use the pool for commercial use?

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Your Questions:

My question is, what rights do I have as a member(?) of HOA with being able to have a swim instructor give swim lessons to my kids at the community pool?

Response 1: You need to review your HOA rules as to private instructors or guests. Then if having a private instructor does not violate the rules (I think it should not violate the rules), then you have the right to have the private instructor come to the pool and give lessons to your children. If the HOA kicks the instructor out again, you must demand that the HOA provide the rules that you are violating or have violated by having the private instructor at the pool.

Also, does this mean i am trying to use the pool for commercial use?

Response 2: No. A private instructor giving swimming lessons to your children is not a commercial enterprise.

Best wishes and have wonderful day!

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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Customer reply replied 2 months ago
How can I get the swim instructor authorized to give lessons at our pool?

You need to make that request to your HOA Board, but ONLY if the rules clearly state that you cannot have a private instructor at the pool without prior authorization.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
Verified
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