Should we open our pool and clubhouse to the public?
I received a call not long ago from a board member whose association is considering letting members of the public pay to use their pool and clubhouse, and he was questioning the potential adverse circumstances that might arise.
Title III of the Americans with Disabilities Act of 1990 bans privately owned facilities that are open to the public from discriminating against people with disabilities and requires them to comply with accessibility standards. Most associations focus their discrimination training, if any, on avoiding violations of the Fair Housing Act, a law that applies directly to condominium associations. But if associations rent their community clubhouses for events and let members of the public pay to use their pool, both the clubhouse and pool become places of public accommodation and so must comply with Title III. Associations should take this into consideration before they move forward with such a decision.