Ending condo lifeguards could be costly mistake
To my readers: Based on age and health, this is my last column. Over the years, I have attempted to educate and entertain my readers. I hope I have succeeded.
A: Many jurisdictions have imposed strict restrictions on swimming pools, restrictions that can be costly. But having no lifeguard can, in my opinion, be more expensive if a serious accident (or death) occurs in the pool. It should also be noted that if the association cancels its pool service contract, it is highly likely that the condo’s insurance premiums will increase.
And if there will be no lifeguards on duty, a large sign at least 3 feet by 4 feet should be posted at every entrance to the pool stating: “No lifeguard on duty; swim at your own risk.”
Some associations where there are no lifeguards also require those using the pool to sign a release holding the association harmless should there be an accident.
Speaking of swimming pools, just a reminder: There are strict requirements for public pools, such as having an ADAcompliant lift for access in and out of the pool. Legally, the Americans with Disabilities Act does not apply to condominiums. However, if the pool is opened to the public, then ADA will apply. What would trigger ADA? (1) selling memberships to access the pool; (2) allowing swim competitions to be held in its pool whereby outsiders get to compete; (3) if the association is functioning as a hotel (called a “condotel”), such as many associations in oceanfront locations that are primarily for oneor two-week rentals.
On all these matters, the board must consult with its attorney for the appropriate guidance.
A: Associa is a national organization of community association property managers. Some people like it; others are very disturbed about some of its practices and requirements it wants to impose on the associations it represents.
I would first see if you can talk with the association’s attorney. He/she may have some suggestions. If not, then you should consider retaining your own attorney (get a group of similarly minded owners to assist with legal fees) and see what you can do. I would also contact the local American Civil Liberties Union and explain your concerns. The ACLU is concerned about privacy.
As for getting your local law changed, contact the state representative that covers where you live, and explain the situation. That may result in getting this problem to the forefront.