Department of Justice Stays Implementation of Pool Lift Requirment

While the American with Disabilities Act (“ADA”) generally doesn’t apply to Homeowners Associations, for those who need it, the Washington Times reported that on March 15, 2012 the DOJ issued 60 day stay on the requirement for public pools to have two “accessible means of entry.

While the American with Disabilities Act (“ADA”)  generally doesn’t apply to Homeowners Associations, for those who need it, the Washington Times  reported that on March 15, 2012, the DOJ issued a 60 day stay on the requirement for public pools to have two “accessible means of entry,” at least one of which must be a ramp or wheel chair lift. Public spas must also be accessible under the new rules. The DOJ may also consider a full six month extension to give pool owners additional time to address issues surrounding compliance with these requirements.

Some vendors are pressuring Associations to purchase these lifts, and some Boards are unclear as to whether they are actually required to install lifts at common area pools. Any association which has a question as to whether these rules apply to their pools should consult with counsel to determine if the ADA applies to the Association, and if compliance with these rules is required.

Author: Robert M. DeNichilo

I am a partner in the law firm Nordberg|DeNichilo, LLP., specializing in the representation of community associations throughout southern California, For more information, please visit our web site at NDHOALaw.com.