POOL CLOSED UNTIL
Due to the liability of the Covid-19 the pool will remain closed until further notice.
This is not to punish you, it is to help keep you and your family safe and to protect the HOA/homeowners assets from a lawsuit.
Who will take peoples temperatures at the pool? Who will be in charge to make sure we do not have more than 10 people in the pool? Who will clean the pool, bathroom and Ramada twice a day? Who will really wear a mask after you get out of the pool?
The Board cannot in good conscience cannot ignore the HOA attorney’s advice and open.
Below is our last update from the Attorneys
We previously advised that the Community Association Institute ("CAI") has an Insurance Masters group. This Insurance Masters Group unanimously agreed that the Covid-19 liability for HOAs was, in their words, "huge". They unanimously agreed that nonessential amenities should remain closed until the threat is abated. They unanimously agreed that the Plaintiff's attorneys will likely solicit Covid-19 victims to sue HOAs and apartment buildings. We advised that the community pools stay closed until either the threat of the pandemic subsides or the Arizona legislature passes a liability shield that would protect associations.
The Arizona House of Representatives has passed this liability shield. Governor Ducey has indicated that he would support this legislation. To make it to the Governor's office, the Arizona Senate must also pass this legislation.
Many residents of associations would like to use the pools. We advise that Boards and residents contact their state legislators to urge them to act on this legislation. Our firm has prepared the language below that Boards and residents can use to email their state legislators.
"Our community pool is closed. It is our understanding our community has no insurance in the event it is sued for a Covid-19 infection. If the lawsuit is a class action, the judgment could cloud the titles of all our homes in the event we can't pay it. We can be sued even if we follow all of the Governor's Guidelines.
The pool closure is causing anger and frustration within our community. We implore you to pass some liability protection so we can use the pool in the Arizona heat."