Victoria A. Minor, Esq., Author at Epsten, APC

Keeping Your Association Above Water: Pool Rules and Required Signage

Victoria R. Minor, Esq.

Attorney

858.527.0111
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Practices: Community Association Counsel

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Keeping Your Association Above Water: Pool Rules and Required Signage

With temperatures warming up, that means pool season is right around the corner. Certainly, community association board members and management staff alike hope residents and guests utilize and enjoy the pool area. It is essential to the safety of a community to implement reasonable rules which comply with the law regarding use of the pool area to ensure the pool area remains a safe and positive environment for all residents and their guests to relax and enjoy the beautiful weather Southern California has to offer.

Required Signage

Today, associations with pools and/or spas are required to post “No Lifeguard” and “Caution” signs pursuant to Sections 3120B.4 and 3120B.7 of the California Code of Regulations. Prior to 2019, Cal. Code Regs. § 3120B.4 required “No Lifeguard on Duty” signs to state “NO LIFEGUARD ON DUTY” in addition to “Children under the age of 14 shall not use pool without a parent or adult guardian in attendance.” However, a US District Court in California found that such restrictions (and signage) discriminated against families with children (protected by federal and state fair housing laws), in that it treated families with children differently and less favorably than adult-only households. (See United States v. Plaza Mobile Estates (2003).)

Accordingly, in 2019, Cal. Code Regs. §§ 3120B.4 and 30120B.7 were amended to remove the discriminatory language from the required signage. After the 2019 update, the required verbiage changed to “NO LIFEGUARD ON DUTY” followed by “Children should not use pool without adult supervision.” Similarly, the “Caution” sign verbiage for spas changed from “Unsupervised use by children under the age of 14 is prohibited” to “Children should not use spa without adult supervision.” (See Cal. Code Regs. § 3120B.7 for additional required verbiage.)

Although 2019 may feel like a lifetime ago, many community associations may still have signage with the pre-2019 discriminatory language posted within their pool/spa areas. If your association falls into this category, your association should contact its legal counsel and take action to update the expired signage to remove any discriminatory language and comply with the law.

What to Include in Your Pool and Spa Rules

When crafting rules governing use of the pool and spa, the board should be sure to create rules with a behavior-focused lens; meaning that rules should focus on the behavior or conduct of those using the pool/spa area as opposed to the characteristics of those using the pool/spa area. For example, pool/spa rules should focus on conduct which causes safety concerns, such as no running on the pool deck, no alcohol in the pool/spa area, no glass containers in the pool/spa area, no diving, and requiring proper swim attire, etc. Rather than prohibiting more generally the play of young people, for example, “No horseplay.”

It may also be a good idea to clearly identify any applicable hours of operation, access requirements (i.e. key/keycard required for access, sign-in upon entry, etc.), and any guest policies in place (i.e. guests must be accompanied by a resident/owner).

What Not to Include in You Pool and Spa Rules

It is also important to note what not to include within your association’s pool and spa rules. The board should be sure not to adopt rules that cannot be enforced and/or may expose the association to liability.

When creating rules, the board should avoid any reference to specific ages, familial dynamics, or any other potentially discriminatory language. Although restrictive pool and spa rules may be well-intentioned, such discriminatory language may expose an association to potential claims of violation of fair housing laws. Furthermore, such discriminatory language would only be acceptable if the association could successfully argue a compelling business necessity and the language is “the least restrictive means to achieve that end,” (Fair Housing Council v. Ayres, 855 F. Supp. 315, 318-19 (C.D.Cal.1994), which is an uphill and expensive battle.

As mentioned above, the key when creating pool/spa rules is to focus on behavior rather than specific characteristics of pool users. If you have any questions regarding your association’s pool/spa rules, it is recommended the board consult with legal counsel.

From Proposal to Policy: Navigating the Twenty-Eight-Day Review and Comment Period

Victoria R. Minor, Esq.

Attorney

858.527.0111
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Practices: Community Association Counsel

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Regularly reviewing and updating community rules and policies is one of the most effective ways a community association can promote clarity, consistency, and harmony within the association. Over time, laws evolve, community needs shift, and previously well-intended rules may become outdated or impractical. By proactively evaluating their operating procedures, boards can ensure their associations’ rules and policies remain legally compliant, reflect current best practices, and continue to support their communities’ long-term goals.

With that in mind, understanding the statutory process for adopting or amending common interest development association rules and policies is critical for boards to ensure effective and compliant governance.

California Civil Code section 4360 grants members of an association a twenty-eight (28) day period to review and comment on most rules and rule amendments prior to their adoption. This means, before a board can formally vote to adopt a proposed operating rule or proposed policy, the board must first allow the members to review the proposed rule or policy and provide their questions and/or comments to the board.

To begin this process, the board must provide written notice of the proposed rule change to all members at least twenty-eight (28) days before the date of the meeting whereat the board will consider and vote on the proposed rule or policy. This notice must include the text of the proposed rule/policy, an explanation of the purpose and effect of the proposed rule/policy and the date, time, and location of the meeting whereat the board will consider and vote on the proposed rule/policy. During this twenty-eight (28) day period, the members may review the proposed rule/policy and submit their comments on the proposed rule/policy to the board for its consideration.

When considering comments received from the members, the board should keep in mind that while it must review and consider all comments received, it is not required by law to revise the proposed rule or policy in direct response to comments received. Unless, of course, the comments identify aspects of the rule that would make the proposed rule/policy invalid or unenforceable, as further detailed in Civil Code section 4350. For example, if the board receives a comment from a member identifying some aspect of the rule/policy that would conflict with governing law or the association’s governing documents, the board must revise the rule/policy to address this conflict. Otherwise, after considering all comments received from the membership at an open board meeting, a board may choose to move forward with the proposed rule or policy as originally drafted.

After the twenty-eight (28) day comment period comes to a close, the board may vote to formally adopt the rule at an open board meeting. Once the board has formally adopted a rule/policy, the board must provide the members with general notice of the rule change within fifteen (15) days after making the rule change.

Keep in mind that if your association’s governing documents require a longer than twenty-eight (28) day comment period, that longer period of time may apply despite the twenty-eight (28) day time period stated in Civil Code section 4360(a). When considering adopting or amending a new rule or policy, it is recommended the board consult with the association’s legal counsel to ensure compliance with the above-mentioned statutory requirements and the association’s governing documents.

What to Do When Quorum Cannot be Met for the Annual Meeting

Victoria R. Minor, Esq.

Attorney

858.527.0111
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Practices: Community Association Counsel

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What to Do When Quorum Cannot be Met for the Annual Meeting

Corporations, including many community associations, are required under Corp. Code § 7510 to hold annual meetings of the membership. If the association fails to hold a regular meeting within sixty (60) days of the date designated in its governing documents, any member may bring legal action to compel the association to do so. This puts the association at risk if meetings are not held due to a lack of quorum, which is an unfortunate reality in many community associations today, where obtaining member participation at annual meetings can be difficult. It is important to note that this obligation to hold an annual meeting exists even when an association decides to conduct its director election by acclamation. This article explores the association’s options in navigating this challenge and how it can protect itself from potential liability.

Documenting Efforts to Hold the Meeting

If an annual meeting cannot proceed due to insufficient member participation, the association should thoroughly document its good-faith efforts to meet the quorum. Some of these efforts may include:

• Issuing and mailing ballots
• Sending notices, beyond those required by law, reminding members of the upcoming meeting
• Door-to-door outreach encouraging membership attendance at the meeting
• Posting signs in the common areas of the community
• Adjourning and attempting to reconvene the meeting (discussed more thoroughly below)

To help insulate the association from a potential lawsuit, the association should send a notice to the membership summarizing the association’s efforts to hold an annual meeting if it is unable to meet due to a lack of quorum.

If no members object, the matter may end there. However, in anticipation of potential objections, the association may consider filing a petition in the Superior Court under Corp. Code § 7515. An association should seek advice from its community association legal counsel to understand the circumstances when it may be advisable to file such a petition.

Reduced Quorum and Adjourning a Meeting

An association might make more than one attempt to hold its annual meeting by adjourning its meeting to another date. This may allow for a lower threshold of participation for quorum to be achieved.

Corp. Code § 7512(d) and Civil Code section 5115(b)(6) and (d)(2) provide that in the absence of a quorum (as required by an association’s governing documents), an association may adjourn a proceeding to a date at least twenty (20) days after the adjourned meeting at which time the quorum will be twenty percent (20%) of the association’s members, unless the governing documents provide for a lower amount. Keep in mind, the association is required under Civ. Code § 5115(d)(3) to provide members with notice of the reconvened meeting no less than fifteen (15) days prior to the date of the reconvened meeting, and the notice must state that the reduced quorum will apply.

Petitioning the Court Under Corporations Code Section 7515

Corp. Code § 7515 provides relief when it is “impractical or unduly difficult” to conduct a member meeting, or otherwise obtain the members’ consent, in the manner prescribed by the association’s governing documents. In this instance, the association can petition the Superior Court for an order that the meeting be called “in such a manner as the court finds fair and equitable under the circumstances.” Section 7515(c) authorizes the court to grant a wide range of relief, including an order dispensing with the quorum requirement altogether or the number/percentage of votes needed for approval.

Amending Bylaws to Reduce Quorum Requirements

If member participation is an ongoing issue for the association, the association may want to consider a more long-term solution, such as amending its bylaws to reduce quorum thresholds permanently. However, such action requires membership approval, which can be difficult to obtain if voter participation is low. As such, the association may end up in the same position of trying to solicit enough ballots to establish a quorum. However, again, the association may consider filing a Section 7515 petition to lower the quorum and approval requirements for amending the bylaws in Superior Court, because conducting the meeting is “unduly difficult”.

In order to prevail, the association will need clear evidence demonstrating that lowering the bylaws amendment approval requirement is “fair and equitable under the circumstances,” and that obtaining the members’ approval is “unduly difficult.” This may require the association to send out ballots for the bylaws amendment and do its best to solicit votes. The association could then provide evidence to the court showing how few responses it received, and therefore, that court intervention is needed.

Conclusion

Low voter turnout and lack of member engagement can make holding required member meetings nearly impossible for some associations. However, by documenting diligent efforts, regularly informing the membership, adjourning and attempting to reconvene a meeting, and utilizing legal remedies, such as a Section 7515 petition, associations can both comply with their legal obligations and protect themselves from legal challenges.

DISCLAIMER: The contents provided herein are the suggestions and opinions of Epsten, APC on general legal issues involving California community associations and common interest developments. This content is for educational purposes only, is not intended for commercial use and may not be relied upon in addressing any specific legal issues. Specific policies and procedures that your association, management company and/or law firm have developed may differ and may fully satisfy all applicable laws. Copyright 2025 by EPSTEN, APC, unless otherwise indicated. These materials may not be reproduced or distributed without express permission of Epsten, APC. (Published and/or Last Updated on 8.11.2025)

When In Doubt, Check It Out: Homeowners’ Rights to Inspect Association Records

Victoria R. Minor, Esq.

Attorney

858.527.0111
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Practices: Community Association Counsel

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In California, homeowners and members of homeowners associations (HOAs) have specific rights to inspect and copy association records. These rights are established under various sections of the California Civil Code and the California Corporations Code.

Under California Civil Code Section 5205, association records must be made available for inspection and copying by any member or their designated representative. The records should be accessible at the association’s business office or another agreed-upon location within the common interest development. If no agreement is reached, the association can deliver copies of the records to the member. Cal. Civ. Code §5205.

However, like many things in life, the inspection of records comes at a cost. The association may charge for the direct and actual costs of copying and mailing the documents, and for the time involved in redacting certain information, up to specified limits (an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request). Cal. Civ. Code §5205(g).

What Records Can Be Inspected?

Members have the right to inspect records for the current fiscal year and the previous two fiscal years. Cal. Civ. Code §5210(a)(1). Minutes of member and board meetings are permanently subject to inspection. Cal. Civ. Code §5210(a)(2).

Members also have the right to inspect and copy membership lists so long as a written demand is made upon the association to do so. Cal Corp Code § 8330. Membership lists are records maintained by the association which include names, property addresses, mailing addresses, and email addresses of members that have not opted out of providing such information. Cal. Civ. Code §5200(a)(9). Once the written demand to inspect the membership list has been made, the association then has five business days to make the membership list available for inspection and copying. Cal Corp. Code § 8330.

However, certain information may be withheld or redacted by the association. This includes information likely to lead to identity theft or fraud, privileged information, and records that compromise individual privacy. Cal. Civ. Code §5215. Rather than providing a requesting member a copy of the membership list, Corporations Code Section 8330(c) allows the association to provide the requesting member an alternative method of contacting other members. Additionally, the use of association records for commercial purposes or any purpose not related to a member’s interest is prohibited. Cal. Civ. Code §5230.

What If The Association Withholds Access To Records?

If an association unreasonably withholds access to records, the member can bring an action to enforce their rights. Courts may award reasonable costs and expenses, including reasonable attorney’s fees to the member, and may impose a civil penalty of up to $500 for each denied request. Cal. Civ. Code §5235(a).

Conclusion

In summary, California law provides robust rights for homeowners to inspect and copy HOA records, with specific provisions to ensure transparency while protecting sensitive information. These rights are enforceable through legal action if necessary, ensuring that members can access the information they need while maintaining privacy and security.