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ADA Pool Regs – Do they apply to me?

HOA Self Test to Determine Whether Your Association Must Comply with ADA Pool Regulations

Unlike the Fair Housing Amendments Act (FHAA) the Americans with Disabilities Act (“ADA”) applies to “places of public accommodation” and not to private property, such as an HOA swimming pool.  However, certain circumstances may exist that transform private facilities into public facilities and bring a private community under the purview of the ADA.  Take the below tests to see if your community pool is subject to ADA requirements.

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Commit to Communication

There is more than a verbal tie between the words common, community and communication.” When philosopher and educator John Dewey wrote this, I doubt he had common-interest communities in mind, but perhaps nowhere is his observation more appropriate. Good communication promotes informed decision making and educates residents-two elements association’s success. In fact, my guess is that just about any problem in a community association can be traced to a complete or partial lack of communication. 

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Proposed S.C. Bill Requires Community Managers to be Licensed

Senator McConnell introduced S. 699 in the Senate on March 16, 2011.  This bill proposes to require all persons “employed for compensation to manage a community association” to acquire a professional credential by July 1, 2012.  In addition, managers must complete continuing education requirements to maintain licensure….

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Proposed S.C. Bill Requires Community Managers to be Licensed

Senator McConnell introduced S. 699  in the Senate on March 16, 2011.  This bill proposes to require all persons “employed for compensation to manage a community association” to acquire a professional credential by July 1, 2012.  In addition, managers must complete continuing education requirements to maintain licensure. The Department of Consumer Affairs is delegated with the task of ensuring compliance with all licensing requirements and with providing a website listing managers who have completed professional credentials.

There is an exception to the licensing requirement for those who are currently, and have been for the past five years, actively employed as association managers.  A break in employment for more than 3 years will negate this exception.

A violation of this provision will qualify as a misdemeanor and are punishable by fine between $500-$1,000.

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