Section 1 (A) of Order 20-91 directs senior citizens and citizens with significant underlying medical conditions “to stay at home and take all measures to limit the risk of exposure to COVID-19.”. Under the law, swimming pools … The civil suit is seeking a declaratory judgment that the actions of the homeowners association violate the FHA, as well as injunctive relief and unspecified compensatory damages. 1. The department may not require compliance with rules relating to swimming pool lifeguard standards. 64E-9.005 Construction Plan or Modification Plan Approval. Recently, in the Stonebrier Homeowner’s Association, north of Tampa, the Florida Commission on Human Relations who investigates FHA complaints in Florida, found reasonable cause to believe a discriminatory housing practice occurred. Here are three rules to look out for. As such, the Governor’s inclusion of swimming as an “essential activity” does not mean that all community association swimming pools, which were previously closed, must now be reopened. If the condominium or cooperative has more than 32 units, any pool or spa is considered a ‘public pool… A: The Governor’s Office has issued certain Frequently Asked Questions” (“FAQ”) relating to his recent Orders, including Order 20-91 referenced in the preceding question. In Florida HOA’s are governed by Chapter 720 of the Florida Statutes. Learn More About HOA Rules. By Dawn Bauman. No running or rough play in or near the pool. The Fair Housing Act (“FHA”) prohibits discrimination against persons on the basis of their “familial status.” The FHA is applicable to both condominium and homeowners’ associations. Do not use glass containers around the pool. Neighborhood pools, gyms and clubhouses are closed. Next Article. Remember to keep your HOA safe from risk, too. Never stand or play on a pool cover. 64E-9.006 Construction Plan Approval Standards. Our association is considering eliminating the lifeguard at our pool. Pool Rules and Procedures at Your Homeowners Association. In order to obtain the amenity card, the resident needed to show a driver’s license or Florida identification card. The law specifically applies to not-for-profit organizations operating residential homeowners associations in Florida. Other than posting “swim at your own risk” signs, is there anything else we need to do to ensure swimmers safety? The HOA President of The Villas of Cypress West in Tarpon Springs reached out to 8 On Your Side for help. In Florida, drowning is the leading cause of death of young children and is also a significant cause of death for medically frail elderly persons. However, as a backup, state law in Florida requires residents who have swimming pools, spas or hot tubs to also have at least one safety feature in place. The GHOA Board of Directors administers the Pool Rules and Regulations. A: No, the swimming pool closure ordered by the board of your condominium association is not overturned by Governor DeSantis’ “Stay at Home” Order. HOAs should place signs in the swimming pool area to remind homeowners to practice safe behaviors. As of the date of submission of this column, the list of “essential activities” has not been further expanded by subsequent order. Section 2 of Order 20-91 defines “essential services” by incorporating guidance issued by the U.S. Department of Homeland Security, Executive Order 20-89, and further leaves open the opportunity for other “essential services” to be added to the foregoing list. Consider rules restricting or limiting the use of alcohol, and specifying the types of containers that can be used. The office of Attorney General Pam Bondi filed a discrimination lawsuit against the homeowners association and alleged “overly-restrictive pool rules” for families with children. On April 1, 2020 Governor DeSantis signed Executive Order Number 20-91 (“Order 20-91”). After FCHR found reasonable cause that a discriminatory practice occurred, the homeowners association changed its rules to allow parents to sign an affidavit to swear to a child’s residency and age. These are amenities most homeowners pay for in their HOA dues. Section 3 of Order 20-91 also allows people to engage in “essential activities”, which are specifically defined as including: “participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming…”. §720.301, et. 64E-9.0035 Exemptions. The homeowners’ association had rules prohibiting children under the age of 16 from using the pool without adult supervision. 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