Pool Recreational Period

Some of the residents(renters/owners) asked if the pool could be used sometime(not specified if once a month or twice a month) for some water sports for those wanting to play... that means, of course that the pool would, in essence be closed to other than those participating in the water sports.

Is this permitted... could this be permitted? Any suggestions? I know that there will be always one or more people complaining that they could not swim during that hkouir or two that the water sport would be going on.

I don't know if that would apply to a pool activity where EVERYONE is invited to join in on the games.

What would one night per week, from 7 - 8 p.m. hurt?

I can think of many benefits.

Would it be any different if they offered swimming lessons for the complex?

Anna that is exactly the right tact to use invite everyone, otherwise the HOA could be in violation of the Fair Housing Act (1988) for discriminating against a group of people, especially kids. Over the past decade, a number of court decisions have applied the provisions of the Act to HOA pool rules and regulations. The cases have held that restrictions on children’s use of a swimming pool, where those same restrictions do not apply to other adult residents, are prima facie cases of discrimination under the Act.

Courts have found that the only way an HOA may avoid liability for rules that discriminate against children is to show two things: (1) that the pool rule is rooted in a “compelling business necessity,” and (2) that the rule constitutes the “least restrictive means” to achieve the desired effect. In the context of swimming pools, concerns about safety and sanitation typically prompt HOAs to adopt rules that limit children’s use of the pool. Of course, keeping the pool safe and sanitary presents a compelling business necessity, but the Act requires that HOAs come up with more inventive ways to address their safety and sanitation concerns than simply forbidding minors under a certain age or non-toilet trained children from using the pool.

These are some of the cases that the courts have heard:

An HOA’s rule forbidding children under 18 to swim without an adult was found by the courts to be in violation of the Act because it was overly restrictive. The court reasoned that under such a rule, even a 17-year old certified life guard could not swim alone. Less restrictive means could achieve the same safety goals by requiring persons without swimming skills to be accompanied by a person with swimming skills, regardless of age.

A rule prohibiting all non-toilet trained children in the pool was also a violation because the goal could have been achieved by requiring all non-toilet trained persons to wear waterproof pants.

Prohibiting baby strollers, walkers and playpens from the pool area was considered discriminatory even though it was clearly based upon safety concerns. The court found that a rule allowing only lounge chairs in the pool area have accomplished the same goal.

A rule prohibiting inner tubes, balls and floats was not discriminatory because it covered equipment not used exclusively by children.

Your remarks GLEN L were interesting... particularly this one:

Prohibiting baby strollers, walkers and playpens from the pool area was considered discriminatory even though it was clearly based upon safety concerns. The court found that a rule allowing only lounge chairs in the pool area have accomplished the same goal.

I will have to look at our CC&Rs very closely but I believe that skateboards are not authorized, as well as little children's bikes/little plastic cars that kids sit in and go with their feet.... outlawing these might, then, bes considered discriminatory... I was concerned about the elderly who are at the pool and do not want to have to worry about being run over, etc