Department of Justice Stays Implementation of Pool Lift Requirement
March 16, 2012
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 wheelchair 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.
Robert M. DeNichilo is managing partner in the firm Nordberg|DeNichilo, LLP and concentrates his practice the representation of community associations throughout California. He is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. Mr. DeNichilo regularly speaks at educational and training events for industry organizations, property management companies, and board members throughout California. Robert is the founder of HOABrief.com where he frequently provides expert insight on community association topics. He has contributed to industry and national publications including CAI Connect, CAI’s OC View, USA Today, Common Ground and Habitat Magazine.
Author: Robert M. DeNichilo, Esq., CCAL