By Ronald L. Perl, Esq.

The Justice Department yesterday released a new technical assistance document, “Questions & Answers: Accessibility Requirements for Existing Pools at Hotels and Other Public Accommodations,” regarding the application of the Americans with Disabilities Act to swimming pools. The Justice Department also released an updated version of its “ADA 2010 Revised Requirements: Accessible Pools—Accessible Means of Entry and Exit.”

These regulations have been issued pursuant to the Americans with Disabilities Act (ADA), not the Fair Housing Amendments Act (FHAA), so they apply only to businesses, government facilities and “public accommodations.” Private entities who own, lease or operate facilities that are open to the public, such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, day care centers, and recreation facilities, are considered places of public accommodation. Community associations whose facilities are not open to the public are likely not public accommodations, but associations should consult with counsel to be sure.

If you have a question about whether you must comply with these regulations, or any other issue concerning your community association, please contact one of our Community Associations attorneys.