The State of California issued guidance suggesting that no sooner than June 12, 2020, County Health Departments could potentially permit outdoor recreation operators with swimming pools to re-open. Although it is by no means clear, the assumption is that an Association common area pool would qualify as such an outdoor recreation operation. (Clarification from the State on this point would be quite helpful.) The State guidance contains numerous requirements that would apply and need to be satisfied before a pool could be re-opened, such as adopting a written, site-specific COVID-19 prevention plan and designation of a person to implement that plan.
Reopening a common area swimming pool, even in compliance with the State guidance and any County-specific requirements, is risky. It seems inevitable that lawsuits will be filed against Associations that re-opened their pools, claiming (rightly or wrongly) the Association was at fault or complicit in the spread of the virus. Many of our Association clients are learning from their insurance agents that their insurance policies contain virus, pandemic or contagious disease exclusions. If an Association with such an exclusion issued in connection with the virus, that Association would then likely have to levy special assessments and raise regular dues to fund the cost of defending the lawsuit.
Before making a decision to re-open a common area pool, we encourage you to reach out to Association legal counsel for advice. To request a legal services proposal from Fiore, Racobs & Powers, give us a call toll free at 877-31-FIORE (877-313-4673) or click the link below and send us an email. For 46 years, we remain
The Recognized Authority in Community Association Law
.
