During the shelter in place directive, the governor issued an order requiring PUBLIC pools to be closed.

Per Davis-Stirling newsletter, HOA pools were not considered PUBLIC, and thus opening the pool and/or hot tub was left to the discretion of the HOA.

However, a new update from Davis-Stirling issued today, indicates that the governor’s office considers HOA pools to be public, and thus subject to the closure order.

Here is the notice we received today:

HOA Pools Deemed Public. Today, I spoke with a representative from Governor Newsom’s office, a LA Public Health Officer and the LA Recreational Waters Department. The State considers all pools that are ACCESSIBLE to 3 family units or more, to be PUBLIC pools. -Stuart H    

Here is the information from the State website that directs us to close the pool.

Even though the Centers for Disease Control (CDC) has not recommended closing swimming pools, Governor Newsom did so on the state level.

This has created significant confusion for counties throughout California as they begin loosening restrictions. California’s website has the following:

Here is the information indicating that HOA pools were not public:

Public vs Private. In your newsletter, you state that HOA swimming pools are private not public. US Legal says that they are considered public. Which is correct? -Suzanne Z.

RESPONSE: In this case, we are both correct. HOA pools are not open to the public. They are for the private use of association members and their guests. However (and this is a big however), they are sometimes defined as “public” for regulatory purposes.

It depends on the particular issue whether HOA pools are considered public or not. When it comes to ADA regulations, they are not public. When it comes to safety devices, chemical testing, and signage, they are defined as public. Do so makes it easier for officials to impose blanket regulations. They don’t want to create a separate category of regulations for private swim clubs and homeowner associations. They simply define them as public for purposes of their regulations.