Pool And Playground Legal Check Up In Your HOA

Written by Posted On Tuesday, 24 July 2018 12:05

With summer here, it's time to make sure that your pools and playgrounds are legally ready for action. With the proliferation of lawsuits and regulations, there are sound reasons for doing a legal checkup.

1. Eliminate rules that discriminate against children or single them out for special treatment.

2. Make sure the rules designate hours open.

3. Make sure the rules are distributed to all owners and residents.

4. Review adequacy of signage. It does little good to establish pool or playground rules if they are not clearly posted.

5. Physically inspect gates, locks, and fences to ensure they are in proper working order.

6. Conduct an insurance inspection with your agent who can advise of ways to reduce the HOA's liability exposure.

7. Review local and state ordinances and regulations. Most regulate pool fences and gates however, the type of fence, height, material etc. varies widely from jurisdiction to jurisdiction. County and state health departments impose regulations concerning chemicals and water purification which need to be adhered to and systematically recorded.

8. Review safety procedures and equipment. If your HOA employs lifeguards, review and verify their training.

9. If you utilize "pool monitors" be certain they receive training that covers pool rules, what authority they have to enforce those rules and safety procedures.

10. Review pool maintenance contract. In addition to the standard boilerplate language, the contract should also require the contractor to indemnify and hold harmless the HOA in the event of injury or damage resulting from the negligence of the contractor.

11. Review maintenance duties by performing walk throughs with regular contractors.

12. Comply with the requirements of the Americans with Disabilities Act (ADA) if you make your pool or playground available to the public.

13. Suspension of privileges. Many governing documents and/or Collection Policies allow the HOA to suspend the privileges of a delinquent owner, including access to the pool and clubhouse. If you invoke this, make sure the specifics are detailed in the rules and policies.

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