Question:
My husband & I bought a condominium in Fountain Hills AZ specifically so that I could swim laps, as advised by my doctor, for severe knee arthritis. I am continually losing mobility, I can only walk a few steps, I must use a mobility scooter, and I need a non-gravity way to move my knees and regain mobility. Swimming is best.
The steps of the swimming pool in our condo are too steep. My knees won’t bend enough to get from the top step to the pool deck. This is also a problem for other residents — many of our residents are elderly and have arthritic knees.
We have asked the HOA to install a swimming pool lift so that residents with arthritic knees can get in & out of the pool. ADA-compliant lifts are not prohibitively expensive; public pools are required to have them.
Is there any way for us to successfully persuade the HOA to install such a lift so that disabled residents may use the pool?
– Mary
Answer:
Hi Mary,
The Americans with Disabilities Act may only apply if the pool is a place of “public accommodation.” If the pool is open to the general public, the HOA may be required to install disability-friendly accommodations such as lifts. Otherwise, it may not apply.
Apart from the ADA, the Fair Housing Act may also apply as the HOA may need to provide reasonable accommodations or modifications for persons with disabilities. You may raise this with the HOA board by contacting them directly or bringing it up at a board meeting. It may also be helpful to ask your fellow residents to petition for a swimming pool lift. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
