Neighborhood vs Apartment Complex Pool (Charlotte: real estate, attorney, YMCA)

[Rosey4u]

Hi -

I live in a small community in North Charlotte. When our community was being built 20+ years ago, there was originally a community swimming pool. Over time the developer stopped development of the community and sold the remaining land and pool to an Apartment Complex which built around the pool across the street. We are unclear at this point how the community pool was sold from the community

The Apartment Complex management allowed the neighborhood use of the swimming pool for an affordable fee (last years fee was $150) even when there was changes in Apartment Complex ownership. There have only been 6-8 families that have regularly paid the fee and used the pool every year

This year the Apartment complex once again was sold and the new management completely refurbished the pool area. For the first time in 20 years, the Apartment Complex has denied access to the pool to the neighborhood families. We are devastated as we have young children and going to the pool is a big part of our summer plans.

Is there any advice for our Neighborhood as to any legal action we can take or is this a matter for something like Action 9? Several families have tried talking to the Apartment Complex Management and their Corporate Management only to be met with rude, adamant denials to our request. We would be willing to sign liability waivers and even a fee increase.

Could we go to a swim club or YMCA - we suppose so, but not all of the families could afford that option. We pride ourselves in knowing our neighbors and spending with each other

Any guidance or advice would be greatly appreciated.

[LaurenNC]

Rosey,
That is unfortunate, and I am not an attorney therefor not give legal advice, but with my experience as a real estate agent, the is probably nothing you can do. Someone else owns that property, and when you own it you can do whatever you want with it. Including making restrictions, no matter how unfair they may be (as long as it is nothing you can get arrested for). So just like you can do your own thing on your property, so can they. Probably the only way in which they would have to allow your neighborhood even if they didn't want to, is if there are restrictions in the deed that says so. They would have known about those restrictions when they bought it, so there probably aren't. If you are still concerned it may help to call an attorney and he will be able to give you a definite answer. Good luck! I feel your pain, we all need a pool in this weather!

[Tober138]

As the poster above has stated, if they own the pool, they can set whatever guidelines or admission policies that they want to and there is not much you can do about it. I'd suggest possibly getting together with a group of people in the neighborhood upset about the restriction of access and, as a group, write a letter to the new complex owners and the management company that took over the complex.

I really don't understand why you are looking at "legal action" when nothing illegal was done. I understand your frustration but pretty much anyone could tell you that this is not something you can litigate to make things go the way you want.