Disabled Pool Access
Request for Accommodation. ADA regulations require that public swimming pools provide a second means of access, such as a pool lift or ramp, for people with disabilities. This requirement does not apply to HOA swimming pools unless the association has opened its pool to the public. Even so, if a disabled person wants to install a lift so he/she can use the pool and are willing to do so at his/her own expense, the board should allow it. Boards are required to reasonably accommodate requests whenever possible.
When ADA Compliance is Required. If an association rents its pool facilities to the public, such as for weddings or parties, it will need accessible access at least for the duration of the event. That can be accomplished with a portable chair lift. If guests are not using the pool, other facilities, such as bathrooms, may need to be modified to ensure handicap access under other provisions of Title III. If an association rents its facilities to members only, ADA requirements do not apply. Because association residents are allowed to invite guests without triggering "public accommodation" ADA rules, does that apply to "guest" swim teams as well? Some argue that a swimming competition in the association's pool is private because only guests may attend. The general public is not invited. A counterargument can be made that swim meets are "public" events because those attending (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) A case addressing the distinction between public and non-public facilities is Jankey v. Twentieth Century Fox.
Animals in the Pool Area
EXCEPT for service animals, associations can prohibit animals from pool areas. If someone is blind and needs their guide dog to safely maneuver to a lounge chair, the association cannot prohibit the dog. An animal in the water is a different matter. According to the ADA's website, the ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas open to the public. If someone legitimately needs the emotional support of a comfort animal to use the pool, the animal can be brought into the pool area, but not the pool itself. Only service animals properly trained to assist a disabled person in the water may go into the water. Even so, reasonable restrictions may be imposed to protect pool filters from animal fur and to ensure proper sanitation.
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