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ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools

We have blogged about new requirements under the Americans with Disabilities Act (“ADA”) that may affect Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas. Subsequently, we updated our previous post to report upon an update to the required compliance date.

The Justice Department has now issued a “final rule” revising “the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013” as the compliance date for the ADA Standards for Accessible Design for existing pools and spas.

Consequently, if your HOA or Condo Association allows non-members of the association to use its pool in exchange for some form of compensation, your pool may fall under the definition of a public accommodation. If it does, the association would have to comply with the new ADA Standards and provide accessible entry and exits no later than January 31, 2013. What does that mean for your HOA?

As a reminder, most community association pools do not require compliance with the accessible entry and exit requirements of the ADA because the pools are not areas of public accommodation. However, the use made of the common area may make the amenity or facility a public accommodation. The guidance provided in the ADA Title III Technical Assistance Manual provides as follows:

At this point, there is still a great deal of uncertainty regarding these standards. However, if you are selling pool memberships to parties other than the members of the community association, opening up the pool to persons other than members or guest, or using the pool for swim teams and swim competitions, you should consult your community association attorney for advice on whether the ADA Standards for Accessible Design apply to your pool.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Republished by Blog Post Promoter

Susan Tarley

Susan chairs the firm's common interest community (HOAs and Condos) practice area. She was admitted into the College of Community Association Attorneys (“CCAL”). Susan is one of fewer than 150 attorneys nationwide to be admitted to CCAL, for distinguishing herself through contributions to the evolution or practice of community association law.

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