Does the swimming pool owned by my HOA have to be ADA compliant?

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Does the swimming pool owned by my HOA have to be ADA compliant?

Does the swimming pool owned by my HOA have to be ADA compliant? It’s a private pool for members and guests only. People that rent homes that are part of the HOA must pay a separate fee to be able to use the pool. I’m not sure if that’s legal either, since the property owners are members. Wouldn’t the renters qualify as “guests” of the property owner? There is no public access to the pool. There is a member threatening a lawsuit over this.The pool is not ADA compliant and his wife has trouble using it because of this.

Asked on April 5, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all state sin this country, the swimming pool in the planned unit development that you are writing about does not need to be ADA compliant. The reason is that the development is for residential purposes as opposed to business purposes attracting the public at large to come in.

The pool as you state is not for public access. Rather it is for owners of the planned unit develoment and their guests.


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