Swim Season: What to Include in a Pool Policy

Summer is just around the corner, which means it’s almost time for pool season. Maintaining the perfect oasis is about more than just warm weather and water. Creating a safe, positive environment for residents to escape, unwind, and make cherished memories requires an ongoing process of routine checks, equipment upgrades, and meticulous planning.

Any community association with a pool needs to have a good pool policy. Association boards should consider including or addressing the following components in their policy: 

• Proper swim attire must be worn
• No alcohol
• No glass
• No smoking or vaping
• No electrical devices near the pool
• No swimming during inclement weather. The standard is to evacuate members and guests from the pool and facility if lightning is within 10 miles or less.  
• Guest policy. Are residents allowed to bring guests? Do they need to register in advance?
• Teen policy. At what age can a teen swim/enter the facility without an adult?
• Entrance requirements. Will you require a pool card and proper ID that reflects residents’ listed address?
• Clean up. Will you require members and guests to clean up after themselves or pay for a service to maintain the facility and furniture?  

Elina Gilbert, an attorney with Altitude Law in Lakewood, Colo., has additional tips for building an effective and comprehensive pool policy that ensures the community is protected and 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.”

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 nondiscriminatory 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.