Pool rules
Learn which pool rules hold up, and which ones invite a fair housing complaint.
A pool rule is a board-adopted policy, like hours, guest limits, or conduct standards, that must derive its authority from the declaration and bylaws and cannot contradict them. Rules that single out children risk violating fair housing law, and enforcing a rule with a fine usually requires giving the owner notice and a hearing first.
Where a pool rule gets its authority
A pool rule is not its own source of power. It sits at the bottom of a stack: the declaration and bylaws set the boundaries, and a board-adopted rule can fill in detail, such as posted hours or a guest cap for the common area, but it cannot contradict what the higher documents say.
Statutes vary on how far that rulemaking power reaches. Illinois's Common Interest Community Association Act is one example: it gives boards authority to regulate use of common areas and to fine violators, but only alongside a notice-and-hearing requirement before a fine takes effect. Whether your state gives the board this authority at all, and on what terms, depends on your own common-interest-community statute and governing documents. Check both before adopting a new pool rule.
The rule that gets associations sued
The single most common legal misstep in pool rules is age. Practitioner commentary describes a consistent pattern of decisions treating blanket "adult swim" hours, or any rule that excludes children as a class, as familial status discrimination under the Fair Housing Act, a protected category covering households where a minor lives with a parent or guardian.
The distinction that survives is what the rule is actually aimed at. A rule requiring adult supervision for unsupervised swimmers, of any age, addresses a real safety concern without singling out children. A rule that simply blocks children from the water during set hours does not, and has repeatedly lost in court on that basis.
Writing a rule you can actually enforce
A posted rule is not self-enforcing. Where a statute like Illinois's applies, a board cannot go straight from "the owner broke the rule" to "the owner is fined." It has to give notice of the violation and a chance to be heard first, and skipping that step can make the fine itself invalid even when the underlying violation was real.
The exact notice period, cure period, and hearing procedure differ by state, and some states go further and impose the same requirements before an association can suspend pool access rather than fine. Confirm the procedure your state and governing documents actually require before you act on a violation. For the suspension side of this specifically, see amenity suspensions.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
The board posts a sign banning children from the pool between 6 and 8 pm, citing safety. What is the legal risk?
An owner breaks a posted pool rule and the board mails a fine the same day, with no hearing. What is the problem?
The board adopts a pool rule that conflicts with the recorded CC&Rs. Which document controls?
Sources
- Fair housing and children: keeping your rules compliant, Fair Housing Institute; Clemons Richter & Reiss, P.C.
- Suspension of Privileges, FindHOALaw
- Common Interest Community Association Act commentary, Rathje Law; Illinois Condo and HOA Law Blog
Amenities
Next: what actually happens when a member breaks a posted rule and the board has to act on it. See amenity suspensions.
Whether the board has authority to adopt and fine for pool rules, and what notice and hearing a fine or suspension requires, is set by your state's common-interest-community statute and your own declaration and bylaws.