Logo

Previous Articles

Dealing with Protective Orders 8/3/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part II 2/21/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part I 1/5/2018
Section 8 Landlord Incentive Program 11/27/2017
Part II: Notice to Terminate Lease at the End of the Initial Term – Sec. 8/Sec. 42 Resident or HUD based property 6/14/2017
Part I: Notice to Terminate Lease at the End of the Initial Term – Market Rate Resident 5/31/2017
Legislative Update 2017 – Changes to the Unlawful Detainer Statute 5/11/2017
Important Things to Know About Mold 3/27/2017
3rd Party Requests For Tenant Information or Entry Into Unit 1/12/2017
What to do about trespassers 11/7/2016
Meth survey - We need your help! 8/30/2016
Pools and common areas – Creating proper standards for conduct and attire 6/14/2016
New HUD Guidance on Criminal History of Tenants 4/27/2016
Bed Bugs Part III: Treatment and Prevention 4/4/2016
Bed Bugs Part II: Separating Fact From Fiction 3/21/2016
Bed Bugs Part 1: An Introduction 3/1/2016
Arrests and Criminal Background Checks 2/17/2016
Future Rent And a Landlord's Obligation to Mitigate Damages 2/2/2016
Security Deposits - Landlord's Obligations Under Utah Law 9/16/2015
Abandoned Personal Property 9/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act 6/26/2015
Reasonable Modifications for the Disabled- Do I have to pay for it? 6/7/2015
Dealing with a Death in a Rental Unit 6/6/2015
Abandonment 101 - Unpaid Rent, Property In Unit - Now What? 6/4/2015
Abandonment 101: Unpaid Rent, Empty Unit - Now What? 6/3/2015
Tenant Victims of Domestic Violence 6/2/2015
Requalifying Tenants upon Renewal 6/1/2015

Pools and common areas – Creating proper standards for conduct and attire

Published 6/14/2016


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?”

Sign in to read the full article


Want to receive new RentAlert newsletters via email? Sign up to be added to our free mailing list


Not a client? Contacts us to get more information about becoming a client to gain access to full articles, property management forms, landlord trainings, and legal advice.


© Copyright 2018 Law Offices of Kirk A.Cullimore, LLC