QUESTION: Can an association prohibit pets from pool area? From swimming in the pool?
ANSWER: Associations can prohibit animals from pool areas EXCEPT service animals. If someone is blind and needs their guide dog to safely maneuver to a lounge chair, the association cannot prohibit the dog.
In the Water. 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 where the public is allowed to go.
Comfort Animals. 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 to swim can go into the water. Even so, there may be reasonable restrictions imposed regarding protection of pool filters from animal fur plus proper sanitation.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.