Pools and common areas – Creating proper standards for conduct and attire
As summer has approached, we have been asked a lot if a community can set standards of dress in the common areas and swimming pool. Community rules have to be careful to not discriminate against any protected class. With the recent rulings on disparate impact, community rules also have to be concerned if the rule would have that negative impact primarily on a protected class.
In swimming pools, the issue of concern is based upon gender. Rules need to apply consistently across all genders and cannot have gender specific requirements. That being said, there are also laws and ordinances that prohibit certain conduct. Obviously, there is a significant difference in a bare chested man and woman, and the laws generally agree with that difference (for now).
The most often asked question is “Can I regulate what appears to be inappropriate dress?”