HOA Pool

[Bethany]

What is the name of your state (only U.S. law)? Michigan

Hello:
I need to know what the laws are regulating swimming pools in Michigan. Our pool is open to members and guests only, not to the public. Our board is looking at a lawsuit from a member stating that our poolhouse is not ADA compliant. And he's right, it's not. But my understanding is that our pool is exempt because it's not open to the public.
Also- I need to know what the laws are regulating pool drainage. Our pool was built in 1976 and in the fall it drains right out onto the sand and then into a small lake. I've been assured by board members that this is within DEQ compliance because the pool was 'grandfathered in' but it just seems wrong.
Thank you.What is the name of your state (only U.S. law)?

 

[DeenaCA]

I need to know what the laws are regulating swimming pools in Michigan. Our pool is open to members and guests only, not to the public. Our board is looking at a lawsuit from a member stating that our poolhouse is not ADA compliant. And he's right, it's not. But my understanding is that our pool is exempt because it's not open to the public.

You're correct that the Americans with Disabilities Act does not apply to common areas that are not available to the public. However, this would fall under the federal Fair Housing Act at 42 U.S. Code 3604 (see http://www.law.cornell.edu/uscode/text/42/3604):

For purposes of this subsection, discrimination includes—
(A)a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

This requirement applies to HOAs and includes modifications that are necessary to make a common area accessible to a person with a disability. Here is the current guidance issued by HUD and the Department of Justice: http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf. Excerpt:

The Act makes it unlawful for a housing provider or homeowners’ association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.

Long story short, the HOA could face fair housing charges if disability-related modifications are not allowed.

I do not know the answer to your question about drainage.

 

[You Are Guilty]

It's an interesting question. It's clearly a FHA issue, not ADA. However, the pool is not a "dwelling" as defined by the FHA, leaving you basically with a 3604(f)(2) claim ("...in the provision of services or facilities in connection with such dwelling...")

In which case, you have to contend with 3604(3)(A),

...a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

I note the operative part here is "at the expense of the handicapped person".


[Incidentally, I do not think 3604(B), "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling", would apply, as the pool is not a "dwelling"].

And I did not even know that pools drained, so you may want to contact a local pool maintenance company and inquire as to their understanding of the local code requirements. They would be in a much better position to know than strangers on the internet.

Good luck.

 

[csi7]

The pool has to have a license for the proper levels of chemical balance through the county, and that department would be able to tell you if the drainage in fall is legal or not.