Private pools used for public swim meets might have to install or rent lifts for the disabled during events because of recent changes in the Americans with Disabilities Act, an action that could cost metro Atlanta homeowners associations thousands of dollars.
An updated ADA regulation went into effect last spring to ensure that public pools were accessible to the handicapped. Pools have been given until March to determine if they are affected and in compliance with the federal guideline.
Private pools that host public meets -- of which there are many in metro Atlanta -- have been left to decide whether to discontinue swim teams, consider raising dues to meet requirements or fight the edict.
"It's becoming more and more of a front-burner issue for homeowners associations," said Franke Marsden, director of the 90-team Atlanta Swim Association who has fielded concerned calls nonstop. "Sooner or later, this thing will end up in court and be litigated."
Private pools that could be affected host public meets and allow non-members to use the facilities, which could include relatives of members or non-member neighborhood residents who are swim team participants and outside coaches, said Julie Howard, a partner at Weissman Nowak Curry & Wilco, who specializes in homeowner association law.
"Most neighborhood pools are not deemed public accommodations," Howard said. "But because of a provision that was changed in the ADA, during the time of a swim meet, you might be deemed public because you have no idea who is coming."
Lift rentals or installations cost anywhere from $1,800 to $6,000.
Federal enforcement might not be strict unless a complaint is filed, Howard noted in information sent to HOAs informing them of the ADA action.
"I think lifts are important for true public facilities, where the general public can come in, but I think when Congress made the law it did not anticipate how it was going to affect HOAs," said Craig Sears of Sears Pool Management Consultants in Sandy Springs. "Some of our customers have talked about whether to continue their swim teams."
No court cases have tested the boundaries of the law yet, leaving many homeowners associations unclear if they should install lifts or not, Sears said.
"There seems to be lot of gray area as far as that goes," said Marsden, the Atlanta swim official. "We don't have a definitive answers on this."
Each HOA, in consultation withan attorney, likely will have to decide how rigidly it wants to follow the latest ADA provision.
"There is enough justification to say if it's not in your budget you don't have to do it," Marsden said. "But there is also enough to say if you don't, you do so at your own peril."
About the Author
