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From: Brown|Olcott, PLLC <[email protected]>
Date: Tue, Mar 31, 2020, 3:33 PM
Subject: COVID-19 Update for HOAs

At this time, the State of Arizona is under Governor Ducey's "Shelter in Place" order. The Governor indicates folks can leave their houses for essential activities, but not non-essential activities. 


In the order, the Governor lists essential outdoor recreational activities. Those are walking, hiking, biking, and golf. 


Semi-public pools are not essential "outdoor recreational activities" under the order. 


We previously advised that HOAs could leave their pools open as long as there were no gatherings of 10 or more. We also advised "Use at Your Own Risk" signs and to sanitize before and after touching surfaces. We determined that Boards could exercise their own discretion and close their community pools if they were inclined.


We rescind this advice in light of the Governor's "Shelter in Place" order.


In our opinion, Associations are bound to follow the Governor's Executive Order and must close their community pools. Community pools must remain closed until the "Shelter in Place" order is rescinded.


The Governor's office is providing ongoing information and orders regarding Arizona's response to Covid-19 through its ongoing campaign "Stay Home, Stay Healthy, Stay Connected". You may access this information through the preceding link at your convenience.

Brown|Olcott, PLLC

Association 2 Block 3 is a townhome community of 29 homes. Our amenities include a semi-public pool & spa, a picnic Ramada, expanded COX cable plus Showtime, and community area landscaping services.