Swim Season: Pool Safety Tips

Elina Gilbert, an attorney with Altitude Law in Lakewood, Colo., has some tips for building an effective and comprehensive pool policy that ensures both your community and its residents are safe to swim.

BEHAVIOR-FOCUSED RULES. Crafting rules based on behavior rather than personal characteristics is essential to avoid potential violations of fair housing laws, says Gilbert, a fellow in CAI’s College of Community Association Lawyers.

For instance, rules can focus on conduct such as no running on the pool deck rather than imposing age-specific restrictions. Don’t specifically mention toys, children, or adult swim. “Don’t adopt rules that can’t be enforced and expose the community to liability,” she says. “Public pools can specifically mention children because they are not a housing provider.”https://hoaresources.caionline.org/hoa-pool-safety-debate-over-eliminating-lifeguards/

LIFEGUARD CREDENTIALS. If your community hires lifeguards, Gilbert recommends communities ensure they are certified, and that there are enough to cover pool hours and size. This ensures an inclusive and non-discriminatory approach to rule enforcement.

SWIM-AT-YOUR-OWN-RISK POLICY. Adopting a swim-at-your-own-risk policy helps mitigate liability concerns for communities without lifeguards, according to Gilbert. This policy places the responsibility on individuals using the pool and reduces the association’s liability in the event of an incident. Clear signage communicating this policy is important to ensure residents and guests are aware of the risks. “The association should have no role in protecting people using the pool,” she says.

PROACTIVE ENFORCEMENT MECHANISMS. Establishing clear enforcement mechanisms for rule infractions is vital, according to Gilbert. She says determining in advance who will enforce the rules, how infractions will be handled, and whether the enforcement mechanisms are realistic and effective ensures consistent rule adherence.