A community pool is one of the most valued amenities in a homeowners or condominium association, offering residents a place to relax, exercise, and connect with neighbors. However, without thoughtful policies in place, this shared space can become a source of conflict, risk, or even legal exposure. That is why it is essential for associations to adopt clear, well-crafted pool rules that promote safety, set appropriate expectations for behavior, and ensure fairness for all residents.
At the same time, pool policies must be carefully structured to reduce the association’s liability and avoid violating laws like the Fair Housing Act (“FHA”). In this article, we will explore best practices for developing pool rules that strike the right balance between enjoyment, safety, inclusivity, and legal compliance.
Fair Housing Implications
The FHA prohibits discrimination in housing-related activities based on race, color, religion, sex, national origin, disability, and familial status. This federal law applies not only to individuals and corporations but also extends to homeowner’s associations and condominium associations. In the context of community association pool policies, boards must ensure that their rules do not inadvertently discriminate against any of the FHA’s protected classes.
One of the most common issues arises with rules directed specifically at children. While boards often have good intentions, like seeking to protect children from potential hazards, targeting children in the rules may lead to unlawful discrimination based on familial status. For example, policies that prohibit minors from using the pool or require that a child be accompanied by a parent have been found to be discriminatory based upon familial status. Although promoting safety is a valid concern, it is essential that pool rules are framed in age-neutral terms, targeting behavior or ability rather than age or family makeup.
Associations should also be cautious of rules that appear neutral but may disproportionately impact other protected classes. For instance, strict swimwear requirements could unintentionally discriminate against individuals based on religion or gender identity. If the goal is to prevent people from entering the pool in inappropriate or unsafe attire, such as street clothes, it is best to state that directly, rather than specifying exactly what types of clothing must be worn. When developing pool rules for your community, boards should focus on rules that apply uniformly to all residents.
Developing Pool Rules
When crafting or updating pool rules, associations should consider incorporating several key elements that promote safety, fairness, and legal compliance. These components not only help create a positive experience for residents but also protect the association from potential liability and FHA violations. Below are specific recommendations that can guide your community in establishing effective pool rules that serve all residents:
- Pool Hours: Clearly define and publicize the pool’s operating hours to ensure all residents are aware of when the facility is available. Avoid implementing age-specific restrictions such as “adults-only” swim times, as these policies may violate FHA provisions against discrimination based on familial status.
- Access: Use systems like key cards, fobs, or coded entry to manage who can enter the pool area. These systems help maintain security and prevent unauthorized use.
- Safety: Establish behavior and ability-based safety rules that apply uniformly to all residents. Examples include prohibitions on running and rough housing within the pool area. Instead of referencing specific age groups, we recommend using neutral, non-age-specific language such as, “Running is not permitted in the pool area,” and “Non-swimmers must be accompanied by a responsible individual with sufficient ability to ensure their safety.” This approach promotes fairness and helps avoid any wording that could be interpreted as discriminatory.
- Maintenance Guidelines: Support a clean and healthy environment by limiting food and drinks to designated areas away from the water. Encourage community participation in maintaining a tidy pool area by emphasizing proper trash disposal and shared responsibility. These guidelines promote sanitation and minimize contamination risks.
- Swim at Your Own Risk: Some communities choose or are required to have a lifeguard on duty as a proactive measure to enhance safety and potentially mitigate liability. However, for those that are not required or opt not to provide a lifeguard, it is essential that the board adopt a clear “swim at your own risk” policy. This approach places responsibility on individuals using the pool and serves as an important safeguard to limit the association’s exposure in the event of an incident. To ensure the policy is effective, prominently displayed signage is critical to inform residents and guests of the risks involved in using the pool without supervision.
Conclusion
To maintain a safe, welcoming, and legally compliant pool environment, associations should regularly review and update their pool rules. Working with a community association attorney can help ensure that your policies set clear expectations for behavior and safety, while limiting the association’s potential exposure to liability. With the right balance of fairness and foresight, your community can enjoy a pool season that’s not only fun, but fair to all.
This article originally appeared in Community Association News, published by the Michigan Chapter of Community Associations Institute. Reprinted with permission.