Our Clients Ask Us- Association Pools

Q: We have a pool at our association, and currently each member of the association has a choice on whether or not to belong to the pool. Can the Association make an amendment to the governing documents that will require the members of our association to belong to the pool that is currently voluntary?

A: MAYBE. An Association cannot place a “new burden” on its members without 100% approval from the members of the association, unless the declaration for that association allows for a percentage lower than 100% to add new burdens on the membership. Another way is if each original deed and all subsequent purchaser’s deeds contain language that indicate that the covenants may be amended in the future. This would effectively put all owners on notice that adding new burdens could be a possibility. This kind of requirement would be a new burden because it would require all owners to be part of the pool and to pay a share of the maintenance when the owner used to have the option of belonging to the pool or not.

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