UPDATE: Tenant's Surprise Nudist Colony Will Now Be Limited To Pool, Tenant Still Can't Break Lease
Last week, we wrote about Sam's surprising discovery that his apartment complex was to be converted into a "European style" nudieland. The apartment complex apparently hadn't notified its tenants, and Sam learned about it from a newspaper. Last weekend, Sam wrote in with an update.
Sam says he received the following letter from the property manager:
Dear Resident(s),
As some of you have recently seen or heard from media outlets the property will be converting to a condominium community which includes a clothing optional pool. Contrary to some media reports the community will not be a fully clothing optional community but rather will be limited to one pool area only . . . .
This change does not affect your lease in any way . . . .
We have prepared the following questions in order to have a clear understanding of how our residents feel about the planned change. We appreciate your understanding and help in this matter.
1. Would you be opposed to a clothing optional pool?
2. Would you move if the property proceeded with the clothing optional pool immediately?
3. Would you be interested in purchasing your condo with the addition of a clothing optional pool?
. . .
We will have a drawing from all surveys received by June 30, 2008 (Monday) and one recipient shall receive $100 off of July rent.
The clothing-optional pool only story is contrary to some media reports, mainly because we reported on the original version of Eden's website, which has since changed. For example, this was the text we pasted directly from the site last week:
You're going to be very comfortable with our dress code. Our residents are welcome to shed more than their inhibitions as they enter the gates of Eden. Because when our residents come home after a busy day in the working world, they want to completely unburden themselves, shed the trappings of the outside world... and be totally free.
Since then, someone has clumsily inserted "poolside" as a qualifier before the good stuff:
You're going to be very comfortable with our poolside dress code. Our residents are welcome to shed more than their inhibitions as they enter the gates of Eden. Because when our residents come home after a busy day in the working world, they want to completely unburden themselves, shed the trappings of the outside world... and be totally free to be themselves in their poolside sanctuary.
Just to be totally clear, though, Eden has added the skeeziest FAQ ever, with questions like "Will people be allowed to get naked as soon as they enter the gate?" and "Will public sex be allowed?" Missing from the FAQ: "Will current residents who signed leases to live in a community without a sexy naked pool be allowed to break their leases now that you're adding a sexy naked pool?"
Previously: So Apparently They Decided To Turn Our Apartment Complex Into A Nudist Colony
Eden Tampa
(Photo: Getty)
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Comments:
@RetailGuy83: Exactly. Words don't have any meaning anymore. The other day I went to the Super Big Jumbo Chinese Buffet and it was not super, big or jumbo. It was a buffet so I have to give them that.
From the linked FAQ:
Is the South Beach pool going to be an "Adults Only" pool?
Yes! Only those 18 or older will be allowed in this area. There is a family pool on property out of view from this pool for people of all ages to enjoy.
So what's the problem? There's a clothing optional pool that's completely secluded from a clothing mandatory pool, "In fact, we will not even allow thongs at that pool." People can't just get naked all over the place.
Oh, and I'm wondering if the condos would take an unexpected turn with the surveys. "Seems that no one likes the idea of a 'clothing optional' pool, so we're making both the pools 'clothing-verboten'."
@sir_pantsalot: Well, originally the buffet was only open to super big jumbo chinese people. You should be glad they let you in. Unless, of course, you are a super big jumbo chinese person. Then you should be upset that they're letting non super big jumbo chinese people in.
The previous story made it sound like they were going to be allowed out of their lease. That still puts an undue burden on the tenants since moving is a total pain and new deposits are usually not cheap.
But now they are NOT letting them out of the lease either. This is a material change to the lease.
@MayorBee:
I think the big issue is that it was originally advertised as the entire complex was going "clothing optional" The family pool is a new addition and it looks like the other pool is only available to the condo owners and not the renters.
The FAQ has an interesting piece which makes it look like the original "mistake" was a publicity stunt.
If that is the only changes, then what is all of the hype in the media about?
Because newspapers and TV stations love stories that contain the word "naked" or "nudity". It get's people's attention, increases ratings and sells more papers, so they make a big deal about it. This is a huge and exciting amenity. Since the story broke, we've been on 100 newspapers, radio and television news programs and countless radio and television interviews, including ABC, CBS, NBC FOX, CNN just to make a few. All the news will die down soon.
@Veeber: Yeah, I agree they backpedaled a lot on this. They originally put out there that it would be a clothing optional community, as Alex noted above.
@sir_pantsalot: But was it even Chinese? I can't find a single Chinese buffet in my area that has a decent eggroll. Let alone one that does NOT have mashed potatoes, corn dogs, french fries, fried chicken, and buttered rolls.
If they don't want to live there, it's probably the best thing at this point to hire an attorney. I think there's probably a good case here for breaking the contract and leaving as fundamental state of the property has been materially changed. You couldn't do it if they changed the paint color scheme, or restricted parking etc, but nudity, and how here in the US it is regulated and enforced, I think would be material enough. But IANAL and it's just MHO.
I am sort of almost but not quite a lawyer, and yeah, I'd be shocked if he couldn't break the lease. The developer doesn't know when they're implementing things though, so that probably puts a hold on people planning to move. The good thing for the company to do would be to let tenants who don't want to live there be able to break their leases now, instead of making them litigate whenever the clothes come off.
@pdxguy:
My guess is they would have a hard time getting out of the contract. The new pool, so long as it really is "restricted" as they claim, doesn't really change anything in their lease. Depending on their city, they may have a supplemental "Landlord-Tenant Ordinance" that conveys more rights on the renter, but under contract law, I don't think they can get out. What they actually contracted for has not changed. Further, the "amenities" portion of the lease usually leaves open the possibility for the landlord to eliminate those amenities with due notice. If they can produce some advertising material from when they moved in that is absolutely contrary to having a restricted, clothing optional pool, they might have a chance. Contracts are not easy to get out of.
I know, how SUPER COOL!
So why even change the pool in the first place?
This came about as a direct result of an increasing demand for a "family pool" separated from an adults pool for those unaccustomed to the sometimes raucous sounds and rough housing noise and splashes that all normal, playful and spirited kids create.
Ok, just because some of us don't like kids doesn't mean that we would swim in a pool where clothing is required. The arguments made after this statement make more sense. But equating no children to wanting naked pool is crazy.
@MayorBee: I had thought of that too. What is the problem? I think it lies in that most people are not going to stick to that. In a couple of months after opening the clothing optional pool, naked people are going to be wandering around all over the place. Then the management is going to decide that it can't be controlled (or they don't want to control it), and then other's rights to not see fat old people naked will be violated.
I think the Consumerist Guy deserves better than to serve as buttflaps for lumpy naked people.
It seems to me that they are going to have to go to a lot of trouble to implement this. Super secret hideout pool with roaming security guards, extra fences, new entrance, fighting people who want to get the hell out of their lease....all just to have a single nudist pool? Why the obsession with nudism on premises?
They're trying to not make a big deal of the nudity thing in theory, but how come fully 1/3rd of the photos on the website feature nude folks by the pool?
I don't really care what people want to do with that, but the guy should be able to break his contract once they've announced to have the nude pool option.
@PDX909: See Fleshbot.
@radleyas: Most people do not have a hang up about nudity and if they do that is fine. If someone wants to be nude, rock on! But others also have a right not to be exposed to it if they do not wish to be. Really, if they want to be clothing optional, the entire complex should be and the let those who do not wish to live in such an environment (and that wish is perfectly normal) move. Most people are self centered and there is no way in hell this will be kept to the super private pool area. As LouSir said, the feces will hit the fan.
@thelushie: I thought the security guards were there not only to keep the under-18s out of the adult area pool, but also to limit the swimsuit eschewers to the adult pool.
Of all the things in the world, seeing a naked person is not going hurt a kid.
I realise that it's a personal choice. That what kids see is up to parents. But I'm a little soapbox-ish about this one. Kids see loads of acts a violence in a day on TV, no one bats and eye. But a kids sees one nake person and everyone flips their wig.
But, in terms of an apartment complex, at the very least, this dude should be allowed to move. Anyone who isn't down with nudity should be able to choose to live in a place where nudity isn't an option.
But I still stand by the idea that nudity is not harmful to anyone. If it makes a person uncomfortable, it's says something about the person viewing, not the naked person.
Also, just let the guy break his lease. Or are they afraid there will be a mass exodus? Even if they don't, when people's leases up, I'm sure many will move. Yes, some people have hangups about the human body, yeah. But this is still a pretty darn big change.
I'd hope I'd only had one or two months left rather than seven or eight. If the latter, wouldn't blame someone for looking into legal options.
Personally, I wouldn't mind the clothing optional pool per se (regardless of who took advantage of it), but I'd be fairly worried about the random folks "who ruined it for everyone else" that would almost invariably cause problems.
Once there's a pool on site with "OMG! teh nekkid people!" I'd expect to deal with random teens, and older sleazy people trying to get a peek or get lucky etc... and just wandering around being a nuisance because of the pool.
Clothing optional areas aren't bad in and of themselves, but I think that in most US communities, you'd find a disruptively large number of people who don't get the non-sexual appeal and they're probably think that it's a strip-club without the cover charge so I certainly wouldn't want to live there.
IANAL, but I do a fair bit of work in real estate and I'm pretty sure you could get out of a lease because of that clothing optional pool. If you were willing to take it to court, I suspect most judges would fairly quickly find that the clothing optional pool and it's related issues would qualify as an adverse material change.
From the creepy FAQ:
Will there be food or bar service available at the South Beach Pool?
At this time, we are not planning on selling any food or drinks, however everyone is welcome to use both the summer kitchen tiki bar with professional stainless steel BBQ grill for poolside cook-outs and the kitchen and bar in the clubhouse.
Nothing like hot hamburger grease splashin on your tender bits!
@lalaland13: What I find interesting is that this is a condo conversion. Unless there's some huge untapped nudist market that I'm unaware of, this seems like a bad idea for the value of those condos. They're really limiting the appeal of the property to a small subset of people.
@dragonvpm: I suspect anyone who thinks it's a "strip club with no cover charge" is going to be deeply disappointed when they see what average people really look like with no clothes on.
@Orv: I'm sure you're right, that doesn't mean that you want those people wandering around the apartment complex being disappointed and causing problems.
I don't think any of the people who genuinely want to use the clothing options facilities are a problem, but there are secondary groups of people who are likely to be attracted and those are the ones that I suspect could cause problem (hence the folks "who ruined it for everyone else" comment).
@radleyas: I don't think seeing nudity is at all harmful. I just don't think sagging boobs swishing back and forth should be shoved into someone's face (figuratively speaking, of course. Well, God I hope). This will be an amazingly hard thing to control. If they want to go nude, they should go completely nude. That way, everyone knows what to expect.
@MayorBee: I got the impression that is what they are supposed to do. But, if 20 or more people decide they have a right to wander around as they wish, what will one or two security guards be able to do to stop it?
I don't think it's up to the complex to decide if it affects the lease. That's a pretty fundamental change in contract and, like any other fundamental change to the lease, has to be agreed to by both parties. The tenant should be able to give 30 day notice and leave without penalty, just as if they had raised his rent.
@thelushie: Wouldn't that be a violation of the homeowner's association rules or something? Yeah, 2 security guards aren't going to be able to do anything against a mass exodus of leathery, sagging flesh, but once they exit the designated area (willfully), wouldn't that be public nudity?
@MayorBee: Yeah but it would still depend on if they want to deal with it or not. I have seen many violations of leases in the form of loud music, sexual activity in public areas where management just rolled their eyes and told the offended party to be "more tolerant". It is a high school sort of attitude but, seriously, alot of people put into management have no clue what they are doing.
















"Will public sex be allowed?"
Silly Americans, always equating nudity with sex. What if nudity were associated with something else related? Like defecation, for instance.
"Are floaters permitted, or only sinkers? I eat a very fatty diet."
"I'm allergic to oleander. Will there be other wiping material available?"