How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38186
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

A community pool located in a gated private subdivision of

Customer Question

A community pool located in a gated private subdivision of single family homes in Lee County, Florida....is it considered under Florida statute a private or public pool.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Expert:  Barrister replied 1 year ago.

If the pool is only open to homeowners and their guests, then it would be considered a private pool. This is because the pool is not open to any member of the general public to come and use.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Thought so. Thank you for verifying.
Expert:  Barrister replied 1 year ago.

You are very welcome. Happy to help any time.

.

.

Have a great evening!

Barrister

Customer: replied 1 year ago.
any reference then from Lee County health department to rules or ordinances for public polls would not apply?? Keeps referring back to sections of Florida statutes.
Expert:  Barrister replied 1 year ago.

Yes, they would apply. Apparently I am completely wrong here as common sense doesn't come into play in the definition of public vs. private here..

.

According to FL Dept of Health and FL Statutes:.

.

FL Statutes 514.011 Definitions.—As used in this chapter:

(1) “Department” means the Department of Health.

(2) “Public swimming pool” or “public pool” means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. A public swimming pool or public pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses.

(3) “Private pool” means a facility used only by an individual, family, or living unit members and their guests which does not serve any type of cooperative housing or joint tenancy of five or more living units.

.

The Florida Department of Health enforces regulations on public swimming pools. While community association pools are generally not open to the public, they are considered ""public pools"" for the purpose of compliance with Chapter 514 of the Florida Statutes and Rule 64E-9 of the Florida Administrative Code.

The Florida Administrative Code defines a "public pool" as basically any pool that does not qualify as a private pool.

.

I apologize for any confusion as a privately owned pool, not owned by the local govt, doesn't seem to me to be "public".

.

.

thanks

Barrister

Customer: replied 1 year ago.
This is the problem. I keep getting varying answers. Definition makes no sense.
Expert:  Barrister replied 1 year ago.

Agreed.... apparently to the Legislature who drafts up the laws, "privately" owned property can be considered "public" to them although that files in the face of logic, common sense, and a plain English reading of the term...

.

Barrister