Reply to Guests in the condo pool. Call the police?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]As a guest of one of the members, they had a right to be there.[/quote]

Not if the owner had not made the proper advance arrangements for a party. If permission has not been granted for a party, then they do not have the right to be there. 
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That's a violation of the HOA rules. It is not criminal. If I don't get permission to paint my house, can you call the police and have me arrested? [/quote]

What? It's private property, which makes it trespassing. Why are you so intent on protecting criminals?[/quote]

Private property with joint ownership. The HOA owns the property. The condo owner, a member of the HOA, who invited the child over to use the property is not creating a trespass situation. There are no criminals.[/quote]

If the condo owner did not have previous permission to have a party group in the pool area, they did not have permission to be there.  How is this so difficult to understand? If you don’t have permission to invite people, then you are not allowed to invite people. And if you do, they are then trespassers.

This is a [u]safety[/u] issue. A large group of children around a pool without appropriately trained supervision is, sadly, too often an accident waiting to happen. If you pay attention to the news at all, you are aware that children have drowned in pools even with lots of adults around. So to have a lot of kids around a pool with no lifeguards and only a few adults is not the safest thing to do. 
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The owner does have permission to be there. The owner has the right to invite others. Therefore their is not trespassing.

If she broke HOA rules, that is not a police matter and not trespassing.

There was a lifeguard. It was not crowded. The kids know how to swim. There was no safety issue. [/quote]

The owner has permission to be there, but if the owner does not have permission to invite that many guests at one time, then they aren’t not allowed to be there. No permission for guests = guests not allowed to be there = the non-permitted guests are trespassing. It doesn’t matter if the owner tells them, oh, it’s okay because I invited you. No prior permission means not allowed to be there.

If they broke HOA rules by inviting too many guests at once, and guests refused to leave when they were asked to, then they were trespassing.

One lifeguard may not have been enough for that many kids. Pools can be very dangerous and bad situations can happen in a moment. More people in the pool makes it hard to see the entire pool from one vantage point. Even people who can swim can drown.

Water safety is not an issue to be treated lightly. HOAs do not want to mess around with pool safety and must be very careful about how many people are in the pool per number of lifeguards on duty. That is why they require prior permission for owners to bring more than a few guests at any one time. 
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No. Breaking HOA laws are not a police matter and it was never trespassing. It was "inviting too many guests". [/quote]

Inviting too many guests without permission to invite that number of guests can be very dangerous around a pool. The guests were asked to leave because the owner did not have permission to invite them. They did not leave when they were asked to, so at that point they became trespassers.

Safety around a pool is too important to just set aside the lack of prior permission. If someone had been injured around the pool, the HOA would have been liable. Rules involving numbers of people around a pool need to be strictly enforced for safety reasons. Insurance for HOAs is very expensive and insurance companies require HOAs to enforce strict safety rules around pools. 
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