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Pool Opening Update as of June 11th
Published: June 11, 2020
Dear Fellow Neighbors,
Your HOA Board and Legacy Southwest Property Management Company have received requests from many members asking when our community’s pools will be re-opened. Trust us, we are equally ready to re-open the pools. Nothing would please us more than to be able to do that and help break the monotony of sheltering in place. We most definitely appreciate your continued patience as we work through the various guidelines and restrictions that COVID-19 has placed on not only our way of life, but our community. Our primary goal with re-opening is to do so safely, limit the potential risk to our community, and to ensure that we are following the guidelines and Executive Orders that have been put in place.
Governor Abbott’s recent Executive Order currently set occupancy restrictions of pools at 50% capacity as determined by the pool operator. Further, the restrictions that go with the re-opening can be fairly complex, very limiting to a person’s individual freedoms (from what they are accustomed to), and likely require for the Association to realize additional expenses above and beyond the normal pool operating costs. It is not mandatory that pools be re-opened; however, we do appreciate the strong desire to re-open pools. Our office has received some inquires as to when the Association community pools will re-open. Due to safety and liability concerns, the community pools will remain closed the month of June and will be reassessed on July 1st.
Since our pools are a swim at your own risk pools, we have no lifeguard, or onsite cleaning service to ensure chairs, railings, and bathrooms are sanitized. As such, there are numerous items that must be considered prior to opening the pools during COVID times which includes:
• how often will the bathrooms, gate door handles, pools rails, drinking fountain have to be cleaned/sanitized
• how to enforce social distancing
• how to limit the number of people
• should the pools furniture be removed or how often does it need to be sanitized
• are there time limits on pools use
• will guests be prohibited
• what type of liability does the Association have in the event someone claims they contracted COVID at the pools
• is there any insurance coverage or can it be bought at a reasonable cost
• what type of signage is required
• can the Association shift liability and responsibility over to 3rd party vendors
• will residents have to sign a waiver and how will it be enforced
• implementation of CDC recommendations
The possible liabilities we could face are too horrific to be too cavalier with this decision. If one of us were to contract the coronavirus resulting in death while using or even not using any of our facilities it could possibly bankrupt our Association. From a legal liability perspective, it is highly likely that the Association has no insurance coverage (whether general liability or Directors & Officers policies) available for COVID-19 related lawsuits from the insurance policies in place. Most infectious diseases are not covered by insurance. If the pools are not opened and operated correctly, the Association will be responsible for all defense costs related to any lawsuit. More importantly and bottom line to our decision, the Board does not want to expose any of our residents to the coronavirus.
This is not to say we will never re-open. We will continue to monitor the situation and proceed as directed by Legacy Southwest, our attorney, and all government and health agencies. As soon as we get the “Green Light” or come up with a suitable solution for opening the pools, we will do so.
The Association is working with the community management team at Legacy Southwest, pool service, Association attorney, insurance agent, and other experienced professional to answers these questions and to provide a safe environment for its residents. This is new to everyone and the information seems to change almost daily. This is a dynamic and very fluid situation. We will be sending follow up progress reports as we gain more information and insights into this making this decision. Your patience is greatly appreciated.
Sincerely,
your Oak Hollow HOA Board
Oak Hollow of Anna HOA
