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

UPDATED: Apr 5, 2012

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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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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