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    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.

HOAs and Swimming Pools–Do you need to be ADA Compliant?

Spring time is around the corner and the community pools will ready for the summer season. Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas need to be aware of new requirements under the Americans with Disabilities Act (“ADA”). In July, 2010, the Justice Department issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. These new Standards apply to any private entity that operates a “place of public accommodation,” which may include an association. If an association limits use of its pool to its members and their guests, its pool does not fall under the requirements of the ADA. However, if an association allows non-members of the association to use its pool in exchange for some form of compensation, its pool may fall under the definition of a public accommodation. If it does, the association will have to comply with the new ADA Standards no later than March 15, 2012.

HOAs, Swimming Pool and the ADA

For a pool with a perimeter of less than 300 linear feet, the new Standards require either the construction of a sloped entry into the pool with handrails, or the installation of a mechanized lift with which a disabled person can lower himself into the pool and lift himself out of it. For a pool with a perimeter of greater than 300 feet, the association must install two means of entry. One of them must be a sloped entry or mechanized lift. The other may be one of those two means or a transfer wall, transfer system, or special pool stairs, each of which has detailed specifications in the Standards. These requirements apply to wading pools and spas as well as swimming pools.

It is not always clear in advance whether a specific use of an association pool by non-members renders the pool a place of public accommodation and, therefore, subject to the requirements of the ADA. However, the cost of litigating a doubtful claim for violation of the ADA may be considerably more expensive for an association than the cost of compliance with the ADA’s requirements. If an association has questions regarding its status under the ADA, it should consult its legal counsel. If an association allows non-members to use its pool and chooses not to comply with the new ADA Standards for Accessible Design, it should consult its insurance carrier to determine its coverage for claims made pursuant to the ADA.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

John Tarley

John Tarley

John is the firm's managing partner and chairs the firm's small business, zoning, and litigation practice areas.

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Filed under: Common Interest Community, General Interest, HOA, HOA litigation, Real Estate Litigation, Unit Owners Association, Weekly Tweets by John Tarley

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