Questions from readers
The Recreation Committee of the condominium association where I own a unit is considering removing the lock from the gate around the 68,000-gallon swimming pool, after keeping it locked for the last 22 years.

As a concerned unit owner, I wanted to check with you to see if you know of any adverse experience with unlocked swimming pools and recreation areas that could be considered in this decision.

Any information you could share with me would be helpful.
Regards,
Jim Heine
Clearwater, Fla.

Look at all the angles before deciding whether to unlock the gate
By Richard E. Larsen

Making the decision to leave a community swimming pool unlocked certainly runs the risk of adverse circumstances. The most obvious, and most serious of these risks involve the injury or drowning of a child in the swimming pool. Under Florida law, a swimming pool can be considered an “attractive nuisance” to a child. In such a circumstance, if a child has easy access to the pool, the association can be held legally responsible for any accident or injury that occurs to the child. The underlying theory of “attractive nuisance” is that the amenity (pool) is of such a nature that most would understand that a child would be drawn to it. This is not to say that the removal of a pool lock will automatically subject an association to such liability. Rather, any such accidents are examined on a case-by-case basis. Therefore, while the association may not be held responsible in a particular case, one must understand that the risk of liability is greatly increased.

There are several other issues that should be examined by a board as well. First and foremost, it is important to make certain that the governing documents of the community do not require the pool area to be locked for security. While such a requirement is somewhat rare, I have seen documents requiring locks and security for such amenities. Second, always check with your insurance carrier to make certain that maintaining a locked gate is not a condition of maintaining your liability coverage. You would certainly not want to remove a lock only to find out later, after an accident occurs, that the removal of the lock was a violation of the terms of your policy.

Finally, the board needs to be aware of the fact that counties throughout the state of Florida have adopted local codes or ordinances that typically contain requirements for securing a pool area. Most local codes contain provisions requiring a fence or barrier around a pool, as well as a self-closing latch mechanism on the gate. Therefore, depending on where you reside, a lock may not be required as long as the gate latches.

The decision of whether to unlock a gate permanently is not a simple one to make. Make certain that you first have the right to do it, then weigh the risks and make an informed decision.

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Author Name: Richard E. Larsen

Richard E. Larsen is a partner with Larsen & Associates, P.A. in Orlando, Fla.

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