AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

COVID pool closure

I’m curious if an HOA has any grounds for keeping the community pool closed after they have been reopened by the governor. A sign posted reads:

“We are aware that the Governor has lifted the pool closures order.
Please know that this reopen order is to be done in conjunction with CDC Guidelines & Checklists.
Upon guidance from Management and Lawyers our Community does not have the ability to adequately meet these requirements.
The Pool will remain closed until further notice.
We understand the frustration and we hope you will continue to be patient while we try to determine what is best for the community and all residents.
Thank You, Board of…”

From what I understand, all reopening guidelines are recommendations and not laws. Other nearby communities have reopened with “swim at your own risk” signs posted on the gates.

Any insight would be appreciated. Thanks in advance.

1 Response

  1. dennisl

    Jamie,

    I understand your frustration, but the common property actually belongs to the HOA and under the current situation the association thru it’s board must consider the risk to the community and the association relative to opening up the common property. I’m sure the actions taken by the board are based on advice from their attorneys who are by their nature risk adverse. The test for any action from the board is would any reasonable man/woman under the same conditions take the same actions. In this case the answer to that question is probably yes. If a homeowner contracted the virus based on exposure to an asymptomatic individual using the pool with them and the person died. The association could be subject to a law suit that could cost the community 10’s or 100’s of thousands of dollars. All of that money would come from all the homeowners collectively in the form of special assessments. The association is being guided to err on the side of caution in this case and keep the pools closed.

    You are correct their are no laws requiring the association to keep the pools closed. What other communities do really has no bearing on what your board does. They have a duty to treat each homeowner fairly and to act in what they truly believe is the best interest of the association and the community as a whole.

    While I’ll often disagree with decisions of boards that act in their own self interest, I believe that your board is acting responsibly and do not find it appropriate to second guess this decision. Their job is not to make everyone happy because that is an impossible expectation. Their job is to act in the best interest of the community as a whole.

    Dennis

Leave a Reply