Hot Tub use by small children

Restrictions can not be aged based. See:

POOL DISCRIMINATION from Davis Stirling site - discusses the federal case you reference

What Associations Should Know About Pool Rules & the Fair Housing Act from an attorneys site

HOA Pool Rule Prejudice from Realty Times

Discrimination Against Children: Traps And Pitfalls from Apartment Owners Association

If you do an internet search for HOA children and pools you will have several more articles to research.

I an referring to the Hot Tub,, NOT the Pool.. These are two separate yet distinct bodies of water...

I watched as 2 small children barely 3 feet tall struggle to stay afloat against the power of the hot tub jets the one child nearly went under water.
One would think for safety sake the children who cant stat up with their head above water should not be allowed in a pool or hot tub that is deeper than their height.

Is there anything stopping you from calling the parents? Why does it have to be the HOA's responsibility? If I saw it, I'd find their person they are responsible for them and tell them. That's what I would do when I was President. Simply go to the adult responsible and inform them of the children's behavior. If it's illegal behavior, it went to the cops. The HOA is NOT your kid's guardians nor protectors.

I had a kid who was drinking at the pool. A renter gave them the alcohol who was an adult. I went straight to his grandmother and told her. Plus I went to the landlord to report what his tenant had done. Pretty much shamed them as well. Let everyone know what happened and didn't hide it. If they were there to hear it, so be it.

This isn't an HOA, it's a personal issues happening on HOA property. No one is stopping you from going to the source of parents or the kids except for yourself. That's my opinion.

While we don't have many children living in our High rise HOA, we have quite a few who visit especially during the summer and on weekends. And others are right, you cannot ban kids from using the spa nor can you set certain hours that only adults may use it.

Our Rules & Regs states that there no running, loud talking or diving into our pool or spa. They also say that residents must accompany guests, and adults 18+ must accompany children under 14. But that doesn't mean they must be in the spa with the child, just in the fenced pool area.

In the 12 years I've lived here with excellent views of the area, I have NEVER seen anyone do dives or cannonballs into the spa. I've never seen any child struggling to stand up. A child barely 3 feet tall is only 24-28 months old and I've never seen one so young alone in our spa. No one jumps in due to the wide built-in cement seats completely around the interior of the spa. Smaller kids stand on these seats instead of in the "deeper" part.

And you can take action into your own hands. I would not hesitate from asking a child to stop splashing or to get off of me. I'd look pleadingly at the adults involved if I know who there are. I probably would not speak to the adults, but that depends on the situation.

We do have security officers here and I could call them if the situation is really a loud mess.

So, I'd say that you need to encourage your Board to write reasonable rules of pool area conduct AND enforce them. You might even go online and fine appropriate rules to submit to your board.

Another option is to use the spa when fewer kids are around. In my HOA, for instance, it's rare to see kids there at all till the afternoon/evening, and very rarely after, say, 8pm.

Most jurisdictions, mine included, regulate hot tubs as well as swimming pools.

They are BOTH pools.

The hot tub being MORE dangerous because of the 'high' temperature.

as per the CDC:

http://www.cdc.gov/healthywater/swimming/aquatics-professionals/regulation-inspection.html

Pool regulations and codes are developed by government agencies to make sure that treated recreational water facilities (for example, pools, hot tubs, and water parks) provide a clean, healthy, and safe environment for the public. These regulations set minimum standards (such as the amount of chlorine that should be in the pool) to decrease the public’s risk of illness and injury. To ensure that these regulations are followed, state and local officials regularly inspect treated recreational water venues.

ps. your HOA's swimming pool, if available to nonmember guests of members, is probably classified as a class {whatever} public pool and IS subject to regulation AND licensing ~ ditto your hot tub

Kerry,

here in South Carolina the DHEC rule is under 16 not allowed w/o adult supervision

(16 being the age of adulthood)

The 'Authority Having Jurisdiction' has a REQUIRED set of rules.

They are comprehensive.

Why trouble yourselves with more (unenforceable and possibly illegal) rules ?????

Juuuuuust say'ng.

There are clear rules posted in the pool area, yet adults that chaperone children to the pool allow the children to run and dive into a 3 & 4 foot pool, dive from atop of the pool ladders standing on the foam hand grips.. I suggested that signs be posted in english and Spanish, I was called a racist..

Thank you for the information

The CDC recommends that children under 5 should not use a hot tub.