We recognize there is great confusion amongst community associations as to whether and how soon HOAs may “reopen” their swimming pools in light of governmental COVID-19 restrictions.  This confusion has arisen because of highly unclear and often internally inconsistent guidance both at the state and local level.  However, California’s Department of Public Health (“CDPH”) has finally publicized clear restrictions on swimming pools. 

The CDPH website, available at https://covid19.ca.gov/roadmap-counties/, states that “the following sectors, businesses, establishments, or activities are not permitted to operate in the State of California at this time: … Community centers, public pools, playgrounds, and picnic areas.”  Section 65503 of Title 22 of the California Code of Regulations defines “public pools” to include all homeowners association swimming pools.  The only exception is private pools that serve not more than 3 residential units. 

In summary, as of May 19, 2020, HOAs anywhere in California are not permitted to open their community pools.  If a community decides to reopen its pool at this time, it would run the risk of enforcement by health authorities and, of course, heightened liability in the event the pool transmits the infection.  While we expect pools to open as part of “Phase 3”, the State has not yet provided unequivocal word on when swimming pools will be allowed to reopen. Members who share our disappointment regarding this continued closure of our community pools are encouraged to review the  https://covid19.ca.gov/roadmap-counties/ website and contact your local governmental representative.

Community Legal Advisors Inc. is an essential business and is open to address all your HOA’s legal needs.

Michael Alti, Esq.
Community Legal Advisors Inc.