FORT LAUDERDALE, Fla. – April 6, 2017 – Question: Our condo pool has a rule stating “no radio playing except when using earphones.” There are people in our condo – actually several board members – who frequently play musical instruments and sing out loud on the pool deck. I interpret the rule to mean that people in the pool area shouldn’t be subjected to anyone’s music. What do you think? – Gail
Answer: Your community pool is considered a “public pool” under the law and is required to post certain rules, including hours of operation and the maximum number of people allowed in the area. Most associations also choose to post other rules, one of the most popular being the no-radio-playing without earphones.
The obvious purpose of this rule is to make the pool enjoyable for everyone, not just the one playing the music. I believe you are correct in your interpretation that the rule would include more than just the playing of a radio. For example, a music player or smartphone, while not technically a radio, would undoubtedly be included in the rule. So would live instruments.
Enforcement is left to the board of directors. If certain rules aren’t enforced for a period of time, they may become unenforceable. In your situation, some of the board members are involved, so it’s unlikely that they will start an enforcement action against themselves. In fact, they may not even realize that they are doing something wrong or that it’s disturbing anyone. You may want to politely let them know your concerns or attend the next board meeting and bring it up there.
If it continues to be a problem, condo owners have rights against the board when it is not enforcing the rules or when individual board members are taking advantage of their position. You would need to decide if the issue is important enough for you to pursue legal action against your association.
About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.
Copyright © 2017 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Agency, LLC.