What HOAs Should Do About Lifeguard Shortages
It's that time of year again when many community associations have opened or are planning to open their pools for the summer season. But while residents have been looking forward to sunny days spent by the poolside, nationwide lifeguard shortages may challenge communities' pool operations.
For years, community associations and municipalities have struggled to hire lifeguards. Without a lifeguard on duty, someone could get injured or drown outside of the lifeguard's shift and realistically outside of hours of operation for the pool. In addition, swimming pools are considered an "attractive nuisance" under Florida law. That means you have liability every time someone uses the pool or enters the area, no matter your arrangement.
Is a Lifeguard a Requirement at the Community Pool?
Communities may ask themselves: Is requiring a lifeguard mentioned in the governing documents or the developer's sales materials part of the original amenities, or was that later? If your community is not a condominium, look at any approval required in the governing documents before making changes to services. If so, the law provides that listed amenities for condominiums require 100% membership approval to eliminate. If not, then the board can make the change.
Changing the Lifeguard Requirement
Let residents know the board is working on changing its lifeguard requirement by holding a meeting. Get as much input as you can before you make the final decision. Suppose many more people want to keep a lifeguard than those who want to eliminate the position. In that case, that is essential information for the board. If the board maintains the lifeguard position, check with the local Red Cross. They may provide lifeguard training and certification and have a referral program if the community struggles to find candidates.
Post a Sign of the Change
However, suppose the association eliminates the lifeguard position. In that case, a large sign needs to be posted at the pool, noting that there is no lifeguard and pool use is "swim at your own risk." Send a written notice to all owners and residents that the change is going into effect on a specific date.
Consult with Association Professionals
Finally, consult with the association's insurance professional to determine sufficient coverage if the association eliminates the lifeguard position. Ensure the pool and the deck areas are always well-maintained and clear of hazards. Generally, there are more claims because of slips and falls in the pool area than for drownings.
It's impossible to avoid liability altogether if the community decides to eliminate lifeguards at the pool. However, protect the association against the financial impact of future claims by reaching out to the association's attorney for any other concerns.
Contact Us
Condominium Associates is here to help you establish hard and fast rules to keep you and your family safe—and having fun—all summer long! Contact us today!