Guest policies

Why "guests only" matters for more than manners

The Americans with Disabilities Act reaches places of public accommodation, not private clubs. The Department of Justice describes the rule this way:

"Title III of the ADA requires that places of public accommodation (e.g., hotels, resorts, swim clubs, and sites of events open to the public) remove physical barriers in existing pools."

Source: ADA Requirements: Accessible Pools, Means of Entry and Exit, U.S. Department of Justice

Practitioner commentary on this rule describes a pool or clubhouse limited to owners, residents, and their guests as generally falling outside that public accommodation category, which is why the words "as a member's guest" matter in your own rules, not just as etiquette. The moment a facility opens further, renting the clubhouse to an outside group, hosting a public event, using it as a polling place, that use can convert the facility into a public accommodation for that occasion. Check with counsel before opening any amenity beyond members and their guests. See clubhouse reservations and private events for where that line gets tested.

The board's duty of care doesn't stop at the guest list

An association owes a duty of reasonable care to keep its common areas, including pools and clubhouses, in a reasonably safe condition. That duty is triggered by what the board knew or should have known about a hazard, not by whether the injured person happens to pay dues. A guest hurt on a broken pool ladder is not, legally, someone else's problem.

A signed guest waiver does not change that as much as boards often assume. A waiver generally cannot excuse the association's own gross negligence, and in most states a parent cannot sign away a minor guest's own future claim. See waivers for what a release can and cannot do, and amenity risk management for how this fits your broader coverage.

What a guest rule can restrict, and what it can't

Rules that limit the number of guests per member, require a guest to be accompanied, or require sign-in at the gate are ordinary access controls. A rule that excludes a class of people, most often children, is a different animal. Practitioner commentary describes a consistent pattern in the case law: blanket "no children" or "adult swim" rules aimed at age alone have repeatedly been treated as familial status discrimination under the Fair Housing Act, because they single out children rather than address the actual safety concern. A rule requiring supervision of unsupervised swimmers of any age sits on firmer ground than one keyed to age alone.

If your board is revoking a resident's guest privileges over a rule violation, check your own state's notice and hearing requirements first; several states require both before any privilege can be suspended. See amenity suspensions and age restrictions.