Publications

Everyone Out of the Pool!

With summer pool season in full swing, a number of questions come up regarding an association’s liability. FACT – If there is a personal injury or property damage resulting from use or abuse of a swimming pool, the association is going to get sued! There is no middle ground; it is going to happen.

Thus, by being proactive, having strong rules and procedures and enforcing them, an association can at least limit its potential exposure. Even though a swimming pool is defined as a large hole in the ground that you shovel money into, it is a fact of life that many associations have pools, though under utilized and costly, and they have to be dealt with in a professional manner.

Here are some considerations in dealing with fund to be had in and around the water:

Rules, rules and more rules. Probably more than any other amenity, a pool will require careful regulation and monitoring. Who is allowed in and when? What are the hours? Can it be rented for private parties? Can someone give lessons as a business? This could be an endless list, except every association is different, as is with the extent and scope of usage. Some associations have an active pool populace while others sit nearly empty from Memorial Day to Labor Day. The rules should be clear, concise, address every possible contingency and should be prominently displayed on the premises.
Drunk and disorderly. What happens when a 120 pound lifeguard tries to remove a 270 pound abusive drunk from a lawn chair? The lifeguard is not there to enforce the law or be a keeper in a zoo. This scenario requires the appropriate level of control which usually means the local police department.
Alcohol and water do not mix. The easiest way to dramatically reduce exposure is to ban any form of alcohol from within 50 feet of the pool area. (That would mean that the converse is also true!) There are certainly extenuating circumstances, however, what is good enough for driving a motor vehicle also works for pools.
Do you need lifeguards? There is no law that requires an association to hire lifeguards. Illinois public health codes govern swimming pool standards and the rules address lifeguards if any. Lifeguards are only required when an association allows "persons under the age of 16" to be in the pool area without a parent, guardian or responsible person over 16. (Does this mean a 16-year old can be responsible for his 15-year old girlfriend?) This also means that some people will translate the word "lifeguard" into "babysitter."
Many associations post a sign such as "No lifeguard on duty – Swim at your own risk." Certainly a board of directors should check with their insurance company, but if someone should drown in an association pool, is the association going to have any more or less liability with or without a lifeguard? However, if an association employs lifeguards, they must be certified.
A swimming pool is not a daycare center. State guidelines should be strictly enforced regarding age restrictions. A board needs to be sure they are not running afoul of the Civil Rights Act by being "anti-family," however, Illinois law provides that "parents or guardians should supervise their children" and "no one should swim along." (State pool regulations are governed by 77 Ill. Administrative Code Section 820.360.)
Collect your delinquent assessments every April. Most associations have two procedures: (a) pool tags are usually issued in April, and (b) only members in good standing (paid up) get pool tags. This is a sure way to clean up a delinquency list if your pool gets maximum usage.
In the event of a casualty, let the professionals do their job. In the event of an injury in and around the pool area, it may be necessary to call for emergency assistance. It is up to the local authorities to conduct the investigation, not the association. The association should secure the area, notify its insurance carrier and then step back and allow the professionals to conduct the investigation.
Hire a professional. Unless there are board members who are licensed and certified in pool maintenance and safety, an association should retain the services of a qualified professional to maintain the pool.

The main thing about pool rules, as is the case with all rules, they should be reviewed and updated each year before they are posted, and they should be consistent with state law.