Community and HOA-governed swimming pools are becoming more and more common across the country, and with good reason. Residents love them, thanks to the access to healthier and, frankly, more fun lifestyles they provide, and prospective buyers seek them out. Well-maintained pools also add value to the properties in your community. 

Yet they also operate in a tricky zone when it comes to rules and regulations. In some states and counties, these types of pools are regulated by state law as public pools–especially for larger communities. Even in instances where they aren’t, water quality is still monitored by the Health Department. And then, there are certain liabilities and risks that come with safely maintaining community pools. 

Ahead, we’ll walk you through some of the guidelines to swimming pool rules and regulations for HOA-governed and community pools to help make it a bit easier to navigate. 

Swimming Pool Rules and Regulations for HOA and Communities Vary Widely

The first thing to know is that the rules and laws are different, everywhere. However, it is becoming more common for states to regulate community and HOA-governed pools as public pools. For example, the Florida Department of Health regulates pools serving condominiums, cooperatives, and homeowner/property owner associates as public pools. They do state exceptions for pools serving no more than 32 condominiums or properties governed by HOAs, when not operating as a public lodging establishment, though even these types of exempt pools are still expected to be compliant with water quality regulations.  

California defines a “public swimming pool” as “a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.”

This means community and HOA-governed pools are held to a variety of state regulations, including what type, how many, and what voltage underwater light fixtures need to be to compliance requirements with federal safety rules surrounding drain covers and locked, gated entry. It also means that state health officials and inspectors can enter the pool area at any reasonable time to ensure safety and compliance. 

In short, all members of the HOA board should be familiar with your local, municipal, and state rules and regulations. These rules and regulations help keep your members safe, first and foremost, and complying with them helps protect your body from fines and legal liability. 

ADA and FHA Pool Rules

HOAs and other similar boards that govern community pools also have a responsibility to stay current and compliant with ADA (Americans with Disabilities Act) and FHA (Fair Housing Act) regulations as well. While the FHA protects individuals from discrimination based on factors including race, gender, age, color, disability, national origin, religion, and more, the ADA ensures accessibility to individuals with disabilities. 

Ensuring the pool area is accessible

The FHA requires housing providers to make “reasonable accommodations” to enable access to pools for individuals with disabilities. If your pool is considered or regulated as a public space, this also means it must be compliant with the ADA, which means providing accessibility. 

You can find guidelines and resource materials for how to make your pool, spa, wading pool, or hot tub accessible to individuals with disabilities through the U.S. Department of Justice Civil Rights Division. These requirements can include allowing service and assistance animals access to pool areas, or specific entry and exit requirements, determined by the size of the pool. 

Preventing discrimination

While it may seem natural to have certain pool rules that apply to children, the FHA may view rules that treat families with children differently than those without as discriminatory. To ensure this isn’t the case at your HOA pool, take care to craft pool rules more generally. Avoid age-specific rules and instead, write more general rules. For example, if you don’t want to allow certain pool toys, make them applicable to all pool guests, regardless of age. 

General safety rules

Pools, hot tubs, and wading pools are a lot of fun for residents but of course, they do come with some risk. It’s important that the HOA board establishes, posts, and communicates a clear set of rules to keep residents and guests safe while they enjoy the water. 

While the safest route is to provide lifeguards, this is not always required, especially for smaller pools. However, be familiar with your local laws; in New Jersey, for example, community pools larger than 2,000 square feet (i.e. regulation lap pools) are now required to have at least two lifeguards on duty during open hours. 

If lifeguards are not required, you must at least post signage clearly stating “No lifeguard on duty” and require adult supervision for children under 18 at all times. Again, check your state regulations, but most require community pools to keep a phone, a life-saving device (i.e. flotation rings and reaching poles), and first-aid kits in the pool area at all times. 

You may or may not be required to keep an AED (automated external defibrillator) unit in the pool area to treat cardiac emergencies. If you are, you need to also ensure it is maintained, up-to-date, and that you have trained and appointed people to use it when needed. If you’re required to keep lifeguards, an AED is also often required–though it can be a requirement even if you don’t have lifeguards. We may be repeating ourselves, but always, always check your local and state regulations each year. 

Other common HOA pool rules:

• No diving
• No horseplay, including pushing or climbing on top of other swimmers
• No glass
• No swimming alone
• Do not enter if you are experiencing diarrhea, cold or flu symptoms, or have an open wound
• Shower before entering the pool

These rules help keep the pool area enjoyable for everyone, and most importantly, keep swimmers safe. It’s also worth considering what to implement even if they go above and beyond what’s required. A serious injury or death in your community pool is not only tragic, but it can also lead to a lawsuit that costs far more than the cost of employing lifeguards or keeping an AED. Also consider hosting community-wide health and safety education events, including CPR and first aid certification. Regularly communicate pool rules and the importance of pool safety to residents, through signage, community newsletters, and social media.

You’ll also want to ensure you’re familiar with the requirements for safe pool chemical storage and handling, both for staff and residents. While pool chemicals keep the water safe, when stored improperly, they can quickly cause dangerous and even life-threatening situations. 

Water quality

Another critical component of pool safety is water quality. Healthy, balanced pool water is not only sanitized, but it’s also pH balanced to prevent skin or other irritations. 

How often you’re required to test your pool water will depend on your local or state requirements, which can also be dependent on pool size. When California updated its health code to define community pools as public, for example, it also increased the requirements for pool testing. HOAs with 25 or more separate interests are now required to test pool water at least once per day and record the free chlorine, bromine, and pH levels. These pools are also required to record equipment readings, calibrations, and corrective actions–including any chemicals added and what amount. 

These HOAs are required to keep pool chemical records, just like other public pools, that will be examined by Health Inspectors. Any contaminations, from blood to fecal matter, must be responded to, addressed, and recorded. 

All of these rules and regulations for pools exist to keep residents and guests safe, which also lowers the risk of operating a pool for the HOA. However, it’s also a lot to keep up with. One way we can help make pool maintenance and safety a little bit easier for HOAs is through our PoolShark H20 app. The app takes the guesswork and complex math equations out of pool water testing and record keeping by doing it for you in minutes. And while paper pool records get wet, lost, and damaged, our app locks in results and adjustments automatically, helping you stay Health Department compliant with ease. Appointed managers and board members can check on pool records and testing from anywhere through the mobile app, and even receive alerts when there’s an issue or contamination.