Other than senior community pools, associations cannot prohibit children from using swimming pools, establish adults only pools, or establish adults only times. In Llanos v. Coehlo, a federal court found that the association's rules designating "family pools" and "adult areas" in the complex and prohibiting children from playing in and around adult areas were discriminatory and violated the Fair Housing Act.

Another decision was reached by a federal court in the case of Landesman v. Keys Condominiums. The association's reason for restricting children from the main pool was that adults enjoyed using the pool for lap swimming and they preferred the relative tranquility of a swimming pool not filled with active, noisy children. The court ruled against the association as follows:

The Court is not unsympathetic to the concerns of adult residents who want to be able to enjoy the pool in peace, but finds that plaintiffs have nonetheless established a prima facie case of discrimination and that The Keys Association has not articulated a legitimate justification for excluding children from the main pool. ... If this were a case of a homeowners association allowing everyone to use the main pool at all available hours in the summer, with the exception of women, or persons born in Iraq or China, or members of the Episcopal Church, such restrictions would be equally unlawful as the restrictions on access by children .... Any problems The Keys Association believes are caused by noise or activity of certain children should be taken up with the parents or guardians of those children.

The following Rules are considered discriminatory:

• Age Restrictions. Forbidding children under 18 from using the swimming pool without an adult. The restriction is too broad and would create a situation where a 17-year-old certified life guard could not swim alone. A more defensible age restriction is 14 since the California Building Code §3120B.4 states:
• Where no lifeguard service is provided, a sign shall be posted stating, "NO LIFEGUARD ON DUTY." The sign also shall state in letters at least 1 inch high, "Children under the age of 14 should not use pool without adult supervision."
• Parental Supervision. Requiring "parental" supervision. Supervision cannot be restricted to a parent; any responsible adult can supervise children. The following pool restriction found in many association rules would be struck down as discriminatory.
• Children under the age of 18 are not allowed in the pool or pool area at any time unless accompanied by their parents or legal guardian.
• Baby Strollers. Prohibiting baby strollers, walkers and playpens from the pool area discriminates against families on its face.
• Toilet Trained. Prohibiting all non-toilet trained children from using the swimming pool. A rule that prohibits all incontinent persons from using the pool would accomplish the same result without being discriminatory.
• Gender Discrimination. Associations cannot segregate pool swim times based on gender, since it amounts to sex discrimination in violation of the Federal Fair Housing Act.

The Center for Disease Control (CDC) has adopted a 'Vessel Sanitation Program" that strictly prohibits children in diapers or who are not toilet trained from using public swimming pools. This is to prevent pool contamination and the spread of gastrointestinal illnesses. The CDC has determined that swim diapers are not effective in preventing contamination. Although swim diapers prevent solid feces from escaping (assuming they are properly fitted and changed often), they cannot prevent leakage of urine or diarrhea, which contain infection-causing germs. Some refer to swim diapers as "fecal tea bags." For more information about diarrhea and swimming see the information posted on the Centers for Disease Control website.

Based on CDC's rulings, associations may adopt similar restrictions for their pools and spas. However, boards must be aware that anti-discrimination laws prohibit discrimination based on age. Consequently, boards should consult legal counsel to ensure their rules are properly drafted to apply neutrally to all persons who cannot control their bladder or bowels, not just children.