Then you overhear one of your coworkers talking about a dispute they had at their property last year concerning the pool. You learned that the Board had passed a rule prohibiting children under a certain age from using the pool. Several families within the community with young children said the rule was illegal and discriminated against families with children. The Board countered that the purpose of the rule was for safety reasons and to keep children who are not potty trained out of the pool.
Being proactive, you go and review the policies and rules for all of your communities with pools and learn that many of them have no policy regarding this issue or have similar rules prohibiting children under a certain age. You are concerned that your community may face a similar problem this summer. Now that you think of it, you remember hearing something about a recent law that was passed on another pool related issue. Something about assuring that the pool drains comply with certain safety requirements.
It is amazing how quickly your "to do" list can grow. If one or more of your communities has a swimming pool, we recommend that the Board conduct a careful review of the rules and policies in place pertaining to the use of the pool. Swimming is a wonderful activity, but it is not without risks. We recommend you have your association's legal counsel review its policies and procedures to maximize the use and enjoyment of the pool while minimizing liability exposure to the association.
Should you have any questions regarding your association's policies pertaining to pools or other recreational activities, please do not hesitate to contact us at your convenience.