Does Your Community Pool Have to Comply?

New rules ADA rules may apply to your HOA swimming pool. 

The fairly complex set of new regulations may or may not apply for an apartment complex, a condominium, or a community association depending on several factors. While the ADA does not affect any type of private community such as a condominium or a homeowners association, unless a condominium or homeowners association operates an element of public accommodation within its premises, this element would be subject to ADA regulations.

Also, the entity will be deemed a place of public accommodation, and therefore subject to the ADA, when it "affects commerce" and is "open to the public."  Any exchange of money is likely to be found to "affect commerce."

The take away on this should be -- talk to your community association managers and lawyers.  Randy Fann, PCAM at AMG has been studying this topic and is a good first resource, however, in most cases HOA's should probably check with legal advisers.