SWIM DIAPERS

The Center for Disease Control ("CDC") has adopted a "Vessel Sanitation Program" that strictly prohibits children in diapers or who are not toilet trained from using public swimming pools and whirlpool spas on cruise ships. This is to prevent pool contamination and the spread of gastrointestinal illnesses.

The CDC has determined that swim diapers are not effective in preventing contamination. Although swim diapers prevent solid feces from escaping (assuming they are properly fitted and changed often), they cannot prevent leakage of urine or diarrhea, which contain infection-causing germs. Some refer to swim diapers as "fecal tea bags."

Based on CDC's rulings, it is our opinion that associations may adopt similar restrictions for their pools and spas. However, boards should be aware that various anti-discrimination laws prohibit discrimination based on age. Accordingly, boards should consult legal counsel to ensure their rules are properly drafted to apply neutrally to all persons  who cannot control their bladder or bowels, not just children.

ADULTS ONLY POOL

QUESTION: Our facility has a children's pool and an adult pool. The children's pool has been closed for a few months now and the board has allowed children in the adult pool. This is a health issue since many small children cannot wait to go to the bathroom and go in the pool. Is there a time requirement for the board to fix the children's pool or remove the children from the adult pool?

CHILDREN IN THE STREET

QUESTION: Should children be allowed to play in HOA-owned streets?

ANSWER: The answer depends on the community. Gated communities with minimal traffic or dead-end streets might be okay with children playing in the street. Others with busy streets, blind alleyways, and cramped parking areas might prohibit playing in such areas. Some might allow children in designated parking areas under adult supervision. There is no one rule that fits all situations. Instead, each association must adopt reasonable rules to address the safety concerns of their particular community.

REALTOR/DIRECTORS

I am a Realtor who has served on an HOA board for many years without providing favoritism, nor compromising my ethics or that of the HOA. I have handled all of my decisions without regard to my status as a Realtor. If fact, I have fought the cronyism of other board members, even those that are retired, who did engage in favoritism for their friends and used their position to attack their enemies. I think it is unfair to single out Realtors on a regular basis. Realtors have a tremendous wealth of knowledge about real estate law and what is in the best interest of an HOA. A Realtor who abuses his/her position as a board member is not going to be very successful in obtaining listings, etc. The process should police itself no matter the profession. -John M.

RULES POLICE
(final words on this subject)

On the issue of making the names of complainants known to violators, I'm against it because it discourages legitimate complaints from being lodged. When I represented a city government, I refused to disclose the names of neighbors who made complaints regarding code enforcement violations. The reason was that our investigators could develop sufficient evidence on their own and the informant's identity became irrelevant. If, on the other hand, we couldn't make the case without the informant's testimony, I would either get permission from him to disclose his name or drop the case. HOAs can follow the same procedure. -Bill S.

INSURANCE BLANKETS
(last words on this subject too)

I have seen a few comments in your newsletter about blanket programs so I thought another comment from me would be important. I have seven blanket programs and am restructuring each one to comply with new Fannie Mae "no blanket" regulations as each renews. The insurer for each one that has not been restructured yet is splitting out to cover separately at no added charge any HOA that have pending new loans being processed so these will go through. Blanket programs grant their participants way more coverage than they could obtain on stand alone policies–-such as huge code upgrade limits, often no sublimits at all, much more water coverage such as unlimited backup of sewers and drains, rain damage to interior without requiring exterior damage, slow leak water claims occurring over a period exceeding 14 days, all excluded on stand alone policies. Also pollution liability for cigarette smoke, hot tar roofing fumes, diesel spills, and mold liability are also included in my programs at a very inexpensive price. Premium saving and coverage security of a consolidation are also important benefits, especially in this economic climate. -Dorothy McCorkindale, CPCU Senior Vice President Wells Fargo of California Insurance Services, Inc.

Sincerely yours,    Karen Nagad, Esq.  Adams Kessler PLC