New California Swimming Pool regulations for pools located in community associations with 25 or more units went into effect on January 1, 2016. The new law requires:
1. Pools and jacuzzis must be performed daily. This requirement will increase most Associations’ costs related to these amenities;
2. Safety and first aid equipment must be maintained on the premises.
3. Associations must prohibit anyone from entering the pool while having a “communicable disease in an infectious state…having symptoms such as cough, cold sore, or nasal or ear discharge, or while wearing bandages.” The issue for Associations is how to enforce such a requirement!
4. At least one gate must open for exiting without a key requirement.
5. Association swimming pools are now classified as “public pools”.
Compliance with the new swimming pool regulations starts with updating your Associations documents, bring the facility into compliance, e.g. safety equipment, and addressing the enforcement issues.
If your community association documents relating to swimming pool regulations conflict with or do not include the requirements of a change in law, the law controls the community association. It is therefore the responsibility and obligation of the Board of Directors and the management company to have the documents amended to correctly state the law.
L. Sue Loftin is the Founder and Shareholder of The Loftin Firm. For questions relating to this blog or any other California real estate, corporate governance, land use, or estate planning matter, contact Ms. Loftin at 760-814-9649.