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CourtneyS2 (Texas)
Posts: 74
Posted:
We consist of 3 Board of Directors. Two of which want to open our pool at 50% capacity as first come first serve. Is this legal to deny or turn away paying members of our Association. According to our CC&R paying members have access to these areas. I recommended waiting until at least 75% capacity.
CourtneyS2 (Texas)
Posts: 74
Posted:
Does anyone have any thoughts on this topic?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Interesting logistics question, as well.

I would probably make it by reservation, and regulate in that manner.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By CourtneyS2 on 06/09/2020 1:14 PM
We consist of 3 Board of Directors. Two of which want to open our pool at 50% capacity as first come first serve. Is this legal to deny or turn away paying members of our Association. According to our CC&R paying members have access to these areas. I recommended waiting until at least 75% capacity.

You may want to use the search function and use 'pool' or 'covid-19' as your search criteria. There have been many posts on this subject that might help you.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By CourtneyS2 on 06/09/2020 1:14 PM
We consist of 3 Board of Directors. Two of which want to open our pool at 50% capacity as first come first serve. Is this legal to deny or turn away paying members of our Association. According to our CC&R paying members have access to these areas. I recommended waiting until at least 75% capacity.

Under these unusual circumstances, my informal advice is to follow the state of Texas's guidelines for congregations of people and, if available, pool operations guidelines. Following Texas recommendations for slowing the spread of coronavirus will not be construed as "illegal," it's the recommended response so that you can open your people as reasonably as possible.

I do agree on "first come, first serve." Too much effort must be given to creating a reservation system and arbitrarily waiting to open the pool at a 75% legal capacity will unnecessarily require the pool to remain closed when it's possible to open under different rules.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
This isn't going to be in your documents. It's going to be what the health department says. So have to go by what the state says is allowable. Who is going to monitor the %? Do you know the capacity of the pool area? The fire department should be able to provide that information.

You may need to remove some chairs and make sure they are distant apart. Know how your going to handle those who refuse to leave. Maybe reduce the hours of the pool being open.

It's going to be hard to manage. Most HOA's will just close the pool altogether till things are more "normal". It's just too hard to manage and plus add the additional work of keeping the areas clean.

The good news is the virus doesn't like the heat. So you may be able to put things out in the sun to help kill off any questionable surfaces.

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
You obviously don't have to let every member of the association into the pool. Whether you limit the number for practical purposes (they won't all fit) or because of the governor's order and health recommendations, you are on solid legal ground.

You can make arguments but once the board decides, that's it. You should accept it.
KerryL1 (California)
Posts: 14,550
Posted:
I think Kelly sum it up well.

Our board just met today in an open zoom mtg too open our pool (and gym) on 6/12.Tthough we considered it, we decided a reservations system or system whet the Security kiosk officer would give out a certain number of fobs to the pool would be way too cumbersome and burdensome. We have set a limit that suits our HOA and will see how it goes.

We think there'll be pent-up demand for the gym & it'll get heavy use for a couple of weeks, just like the 1st week of January, and then taper off. We've limited gym usage to 8 resdeitns at a time. No f guests allowed in pool or gym.
KerryL1 (California)
Posts: 14,550
Posted:
I think Kelly sum it up well.

Our board just met today in an open zoom mtg too open our pool (and gym) on 6/12.Tthough we considered it, we decided a reservations system or system whet the Security kiosk officer would give out a certain number of fobs to the pool would be way too cumbersome and burdensome. We have set a limit that suits our HOA and will see how it goes.

We think there'll be pent-up demand for the gym & it'll get heavy use for a couple of weeks, just like the 1st week of January, and then taper off. We've limited gym usage to 8 resdeitns at a time. No f guests allowed in pool or gym.
CourtneyS2 (Texas)
Posts: 74
Posted:
Thank you Kelly I agree.
LetA (Nevada)
Posts: 2,679
Posted:
We were advised by both our council and insurance carrier to NOT open the pool, even if we followed every guideline from the health department to a T.. We opted to follow the advice of council and our insurance carrier and keep the pool closed until further notice.. For Nevada, the next phase is supposed to be announced at the end of June, things could change. We shall see.
BarbaraT1 (Texas)
Posts: 821
Posted:
We opened the pool with a 25% capacity, and a reservation system. The intent of the reservation system was to ensure that owners could guarantee time at the pool, and save them the trouble of constantly coming by to check if it's at capacity. In the five days since we started, I have had nothing but complaints, threats to sue, demonstrate in front of my office, personal attacks, accusations that I have violated their rights.

One pool is open from 11am-8:30pm and the other is open from 1-6:30pm. They want it open "ALL THE TIME". They don't want a monitor, they think we can just get volunteers to sit out in the sun for hours on end and clean the bathrooms.

Forget the fact that we have no standing committees for lack of volunteers and that the pool is never open "all the time" - it's closed half the year and is normally only open from 9am-9pm, but nobody threatens to sue because it's not open at 4am in February. Forget the fact that last year they were begging me to hire a monitor to make the teenagers behave.

So whatever you decide, expect them to be unhappy about it.
CourtneyS2 (Texas)
Posts: 74
Posted:
Thank you Barbara. We're know waiting to get legal advice from our Attorney and checking to see if were covered through our insurance carrier. I'll keep you'll posted.

Thank you
CD6 (Texas)
Posts: 34
Posted:
We are in Texas and our pool is open, limited to 50% so that is 12 inside the fence at any time. That number includes non-swimming people as well.
We have a two hour limit for each group and log them in and take their temp.
There has been many complaints as stated above.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Courtney

As Barbara said:

So whatever you decide, expect them to be unhappy about it.

KerryL1 (California)
Posts: 14,550
Posted:


Our condo pool doesn't get much use so we don't need a pool-use schedule. Below see a couple of solutions that these writers say works in their HOAs. I've pared them down a little:

We post a clipboard by the pool entrance daily and residents bring their own pen and sign up for items like the hot tub (one residence at a time for 30 minutes) or lap swimming in the pool (one swimmer at a time for 30 minutes from 9:00 am-1:00pm). After that the pool deck and pool is open with a max of three residences at a time as long as social distancing is maintained. No pool HOA furniture can be used (we have it stacked and roped off). This has actually worked real well and we have 261 units. Hopefully this can give HOAs an idea on what has worked for us in Santa Barbara County. -Ray O.

I am on the board for a 530-unit complex. We opened our three pools and our program is a success: here is what we are doing: (1) One family/unit per pool at a time with 45-minute time slots beginning at the top of the hour; 15 minutes to exchange keys with guards; (2) All users sign a hold-harmless agreement (1 page) each time they use the pool (otherwise too hard to track); (3) All users can only take one time slot at a time. Once they use their time, then they can then sign up for another time slot. (4) We have wipes and sanitizer at each pool. (5) This has been so successful that some residents, including myself, think we should have a reservation system always. Steve J.

Adams Stirling Newsletter, 7/13/20, davis-stirling.com
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Several things to consider about pools:

1. Be sure to adhere to state recommendations about opening and use of.

2. If adhering to state recommendations requires extra expenditures, accept any pay or refuse to open as your budget cannot absorb the additional cost without a dues increase. See how many want the pool open then.
SheliaH (Indiana)
Posts: 6,964
Posted:
What John said. If people really, really, REALLY want to roll the dice on COVID, they should be willing to pay a surcharge to cover the additional cost. I might even ask my attorney about drafting a waiver if anyone gets sick.

Considering Texas has had a recent spike in COVID 19 cases, it's interesting that some people would squawk at the board establishing limits intended to reduce the risk. I realize it's really hot down there, but I think I'd rather turn on a sprinkler on my lawn and stand there than do something where I might contract this thing and wind up on a ventilator.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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