Ensuring Your HOA’s Pool Complies With Regulations

As summer gets nearer, more and more homeowners’ associations (HOAs) are preparing to open their swimming pools for residents. It is a huge positive for many HOA residents to have access to a pool during Florida’s scorching summers – but the pool must be compliant with all relevant regulations before anyone should be allowed in it. Failure to ensure that your association’s pool is up to code can lead to consequences.

Cleanliness & Safety Are Paramount

The rules governing operation of a swimming pool are aimed at keeping the space clean, as well as making it as safe as reasonably possible for users of all skill levels. It is easy for an HOA to neglect these rules, but Florida does not take pool safety lightly; during the past five years, drowning has been one of the leading causes of death for children aged 1-4, and ever since rules have been tightened to cut down on these preventable tragedies.

Swimming pools in most community associations are considered “public pools,” which makes them subject to state regulation. There are exceptions to this rule; the relevant law states that pools serving homeowners’ associations with 32 or fewer parcels are exempt from oversight except for that governing water quality and compliance with state laws in general. If your HOA is larger, however, it will be subject to all appropriate regulations.

Local, State & Federal Regulations

Even with exemptions, there is a firm web of rules binding an HOA’s operation of a swimming pool. Both Florida’s and the federal government’s regulations can restrict the nature of any rules your association might want to enact for itself. Balance is key – for example, age restrictions have been challenged in court as discriminatory, despite being an arguably reasonable restriction to prevent children from drowning.

If you are uncertain as to whether your pool will be in compliance with all local, state, and federal regulations – to say nothing of your own governing documents – your association’s board of directors may want to consult an attorney who is well versed in this area of law. Because of so many competing authorities, it is unfortunately easy to make mistakes.

Contact A Hollywood, FL Community Association Attorney

A busy HOA board is a board more likely to miss little details, but in this situation, a missed detail can mean a summer without a swimming pool. A Hollywood, FL community association attorney from the Law Offices of Steven A. Mason, P.A. can help to clear up any issues on this score. Call our office today to speak to an attorney.

Source:

.floridahealth.gov/programs-and-services/prevention/drowning-prevention/index.html