This is a long post but I want to ensure we’re as thorough and transparent as possible.

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I've waited to collect as much information as possible before posting anything about American Pool's requirement that kids 14 and under must have adult supervision at the pool. This is obviously a contentious topic and a significant departure from our past practice; lots of the rules are confusing and don’t make sense, many of you don’t agree with the rule, I don’t particularly agree with it nor do other board members. It’s also unfortunately something for which the CLFCA has limited options.

Many of you have posted excellent questions and offered viable suggestions; I’ve also received several interpretations of what Title 25, Chapter 265 of the Texas public swimming pool statute means. Here are the facts:

· We are a Class “C” Pool in a POA/HOA application

· We are subject to inspections by Harris County’s Pool Inspection division

· We have a diving board; our insurance premium is significantly higher as a result

· A Harris County Pool inspector recommended we follow the 14 and under rule

· Our attorney recommended we follow the 14 and under rule

· American Pool requires us to follow the 14 and under rule

· HOA’s have some latitude to set their own rules regarding age; there are other local HOA’s that operate under their own rules

Our job on the CLFCA Board is to do what’s best for the residents of CLF. We could exercise the above-mentioned latitude and stick with our long-standing age rules that conflict with American Pool’s requirement. If we chose to defy American Pool’s requirement, they would cancel our annual contract and we’d be without lifeguards, resulting in a pool shutdown. If a tragedy happened at the pool and we had not followed the recommendations of American Pool, Harris County Pool inspectors and our own attorney, we would potentially be exposing ourselves to negligence claims during legal action; furthermore, our insurance carrier would most likely drop us as a client.

The Board of Directors has a fiduciary responsibility to the community, which we take seriously. Taking the above-mentioned factors into consideration, the Board has elected to proceed with the following path:

1. Follow the requirements of American Pool for the remainder of this swim season

2. Develop a process to enable CLF adult residents to check in underage children who are not in their family but are CLF residents.  (In Progress)

3. For the 2027 swim season, negotiate/collaborate with American Pool to develop acceptable age rules suitable to both parties, i.e., swim proficiency tests, etc.

4. Begin interviewing other pool companies in preparation for negotiating a new swim contract for 2027

5. Contact other local HOA’s to find out how they manage their pool age rules  (in Progress)

6. Work with our attorneys and insurance company to obtain subject matter expert advice

7. And as always, accept suggestions from our CLF community.

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There’s a variety of opinions and potential solutions amongst us and we’re not always going to agree. As contentious and uncertain as this is, I’m confident that every single one of us wants what’s best for all our residents and guests – a welcoming family environment where it’s safe to swim and enjoy our beautiful pool complex. As such, please treat our lifeguards, pool committee and other volunteers with the respect and dignity we all deserve.

If you have questions specific to American Pools’ rules you can contact American Pool at 281-916-0020.