Pool Rules

What are some good POOL RULES? Rules that are or could be acceptable to all? Many problems persist but three are the following:

a: Smoking or no smoking(how to enforce if NO smoking)

b: Alcohol or NO alcohol(could be a horrific problem in policing)

c: How is it enforced? Our pool is to close at 10 PM..... We have security guards who are to enforce the rules of course, but when irrate individuals tell the guard to go to HE-double hockey sticks, what can the guard do? NOTHING.

What if the police do not come? Who can one rely on

Whatever rules you come up with make sure they do not discriminate against children otherwise the HOA could be in violation of the Fair Housing Act (1988). 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.