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PROHIBITING SUNTAN LOTION

QUESTION: I live in a gated over 55 adult community. One of the rules is that no one using the pool is allowed to use any kind of suntan oil/lotion. Is this legal?

ANSWER: Yes, it's legal. The board is probably concerned about oil transferring from swimmers to the water and then to the pool filters. Some types of filters are degraded by tanning oils and the cost and frequency of cleaning them goes up.

Possible Solutions. Not using protective lotions can lead to skin cancer. Your board may want to reconsider its policy. Since water soluble lotions are not a problem, the board can modify its rule to prohibit oil based lotions but allow water based lotions. Allowing one but not the other, however, makes enforcement of the restriction more difficult. Another possibility is to add more money to the budget for more frequent cleaning of the filters. A third option is to install a more expensive filtration system that is not affected by oil based lotions.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC