Are You Ready For the Upcoming Pool Season?
Summer is here! Please be aware that Community Association pool rules should consider to all residents’ enjoyment and safety but should also consider anti-discrimination laws. Some rules are okay while others may be in conflict of federal fair housing laws. IHG suggests the following:
Case Example from IHG:
Plaintiffs brought a lawsuit in which they alleged that the restrictions placed on pool use for children under 18 by the Homeowner’s Association (HOA) were discriminatory against families with children.
The common areas of the community included three swimming pools- one main pool and two smaller pools. The HOA restricted the use of the main pool for children under 18 from June 1 to the third week in October. During this time period children were allowed to use the main pool when the other two pools were closed, throughout the Memorial Day holiday, the Fourth of July, the Labor Day holiday, Sundays from 4:00pm to 11:00pm, and during “family events” hosted by the Association.
At all other times, children were not permitted at the main pool nor in the area adjacent to it. The Association explained that the rules were established because the adults used the main pool for lap swimming and lap walking. In addition, the adults enjoyed having a pool that would not be filled with noisy and active children.
The court held that the Association’s restrictions on the use of the pool by children under the age of 18 was discriminatory because the result of the rule was to treat children and their families differently and less favorably than those households consisting only of adults and the basis for the rules was not sufficiently reasonable.
Consider This: Pool rules may be established to encourage safety and fun but some rules can have unanticipated effects. Be aware, think before you create new rules, and have your attorney review your pool rules before sending them to your owners.
For more information and a broad overview of these topics please read, “Do Your Pool Rules Comply with Anti-Discrimination Laws?” from IHG.
