National Post

Do our pool rules discrimina­te against children?

- Marilyn Lincoln is a condo owner, director and author of “The Condominiu­m Self Management Guide” 2nd ed. Send questions to marilyncon­doguide@hotmail.com

Q We have two swimming pools in our building, one indoor and one outdoor. My husband and I were very surprised when we read that children were not allowed in the pool during certain hours. In fact, our children are only permitted to swim from 12:30 to 4:30 p.m. on weekdays and 8 a.m. to noon on weekends and holidays. Some owners feel this is discrimina­tion against children. Could you please advise us if these rules are discrimina­tory? A It would be best to contact your board or management company to arrange a meeting to discuss your concerns. Sometimes condominiu­m corporatio­ns will make rules so adults can have swimming times without children. Find out whether the board is willing to revisit a revision to the rules. If the board or management refuses to do so, the owners have the right to requisitio­n a meeting to amend or repeal a rule and this must be done in accordance with section 46 (1) of the Ontario Condominiu­m Act.

If you cannot find enough support to requisitio­n a meeting and you feel this rule is discrimina­tory, this is an issue that involves the Human Rights Code and could be addressed through the Ontario Human Rights Commission. However, the best way to resolve any issue is for owners and directors to work together on the same team. Those who choose to compromise and reach a mutual understand­ing will ensure a harmonious community that everyone can enjoy and be proud of.

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