. Age limits on the use of gym equipment are valid if boards can support a claim that the equipment is dangerous for the restricted age group. In the unpublished
case of Landesman v. The Keys
, the court upheld the association's restrictions on the use of the gym and other facilities based on safety concerns:
The third set of rules prohibits children under 16 from entering the gym unless accompanied by an adult, and also prohibits children under 16 from using the gym equipment at any time. The Keys Association contends that these rules are necessary because children under 16 could be injured by the gym equipment. . . . The Keys Association has articulated a legitimate basis for prohibiting children under 16 from using the gym equipment. . .
court also found that the association's requirement of adult supervision was reasonable:
The second set of rules prohibits children under 15 from entering the clubhouse (which includes the billiards room, racquetball court, and possibly the sauna, steam room, and showers) unless accompanied by an adult. The Keys Association's articulated explanation is that these rules were implemented as a response to acts of damage and vandalism, and that the incidents of damage and vandalism subsided after the rules went into effect. In addition, with regard to the limits on use of the sauna, steam room, and showers, The Keys claims that this rule reasonably protects the safety of children under 15 who could be injured by use of the sauna or steam room if an adult is not present.
Although associations can require adult supervision so as to minimize risk of injury, they cannot require that the adult supervisors be the parents of the children--any responsible adult can act as a supervisor.
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