ADA regulations require that public swimming pools have a second means of access, such a lift or ramp, for the handicapped. This requirement does not apply to homeowners association swimming pools unless the association has opened its pool to the public. As long as the association's pool is restricted to members and their guests, the pool is deemed private and ADA regulations do not apply. There are two situations that raise ADA issues in private HOA pools: swim meets and requests for reasonable accommodation.

Swim Meets. Because association residents are allowed to invite guests without triggering "public accommodation" ADA rules, does that apply to "guest" swim teams? Some argue that a swimming competition event in the association's pool is private because only invited guests can attend the event. The general public is not invited. A counter-argument can be made that swim meets are "public" events because those attending the event (swimmers, coaches, family members and other spectators) are not all known to members of the association--many or most of them are strangers. The public event argument is much stronger if attendees are charged a fee. Carolyn v. Orange Park. The more conservative approach is to view the event as "public" for the duration of the event.

Request for Accommodation. When making a decision about a handicap chair lift, boards should take into account laws that encourage accommodation of the handicapped. Following are some of those laws:

1.  Americans With Disabilities Act. In 2010 ADA Standards were changed to require all commercial facilities, such as hotels, motels and health clubs, provide accommodations for disabled pool patrons.

2.  Federal Fair Housing Act of 1988. HOAs cannot prevent residents from using their own pool lifts to get into and out of HOA pools. However, associations can require owners to store any portable equipment when it's not in use. If the person wants to install a permanent lift or a ramp, they may have that right depending on the circumstances.

3. Fair Employment and Housing Act (Calif. Gov. Code §§12900-12996) requires reasonable modification of an association's rules and policies to allow a disabled person equal opportunity to use and enjoy the premises.

4. Davis-Stirling Act (Civil Code §1360) allows owners to make alterations to the common areas at their own expense to accommodate their disabilities.

RECOMMENDATION: If a request for accommodation is raised by a handicapped resident, boards should seek legal counsel and consider ways to reasonably accommodate the request. The same is true for swim meets. Even if handicap issues have not yet been raised, boards should budget for and make facilities ADA compliant whenever possible. Handicap advocates and their lawyers tend to be aggressive, and fighting over such issues can be expensive. It may be less expensive to make amenities handicap accessible than to spend money on lawyers.