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According to both the federal documentation on ADA Pool Requirements (ADA 2010 Revised Requirements: Accessible Pools—Accessible Means of Entry and Exit) and our discussion with the Department of Justice, “Community pools that are associated with a private residential community and are limited to the exclusive use of residents and their guests are not covered by the ADA accessibility requirements. On the other hand, if a swimming pool/club located in a residential community is made available to the public for rental or use, it is covered under Title III of the ADA….See: http://www.ada.gov/pools_2010.htm.” In our efforts to open the pool for the enjoyment of our members for at least part of this summer in accordance with our responsibility under both the by-laws and the Temporary Restraining Order for the maintenance and operation of ACBC facilities of which the pool is primary, the board has moved to not accept any associate memberships (the bylaws allow but do not require associate memberships to be offered) this year and to open the pool only to ACBC members in good standing and their guests only as a limited use pool this summer. As an existing pool facility and under these circumstances, ADA compliance is not required. When the pool facility assessment and subsequent renovation is complete, we will be compliant with all regulations, including ADA compliance.
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The only official business done outside public meetings is approval of warrants to pay bills. These payments are reflected in the financial data disclosed at the public board meeting. This warrant approval is necessary to avoid late charges and to maintain service with our suppliers. All motions and decisions are discussed and voted at the public board meetings.
Why this pool talk? Didn't we vote to remove it? Yes, but last year's ballot with options of decommissioning or renovating the pool and its building and the subsequent assessment were determined by the Court to be invalid. Judge Hancock stated, "The Board has no authority under the Bylaws to decommission the pool" He noted various documents which tie responsibility for the pool to membership in ACBC (Wilbur & Frederick v, ACBC et al, No 13-2-00741-4, Conclusions of Law #4) (posted as "Temporary Restraining Order 2013" on the Documents page). We feel that the findings of fact clearly require us to properly bring the pool facility into compliance with current legal and regulatory requirements. See also "Newsletter May 12, 2014" on the Documents page for info.
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AuthorACBC Board
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