UPDATED 6/30/20: Questions Regarding Pool/Spa Reopening

UPDATE: 6/30/2020: On May 13, 2020, Pima County had recorded around 1,000 cases of COVID-19. As of today, Pima County has a recorded number of over 7,500 cases.

This is a very substantial increase to say the least, and shows that there has not been any decline in cases or any other reason to reconsider opening the Kinney Village (KV) Pool.

Governor Ducey has just implemented an order that all pools, including semi-private pools, which KV would probably fall under, shall not have more than a total of 10 people either in or around the pool. This would be fine for KV; however, who is going to monitor the capacity at any given time.

A resident has requested to know why KV cannot just have users sign a waiver relieving the Association of any liability. This would be fine for KV; however, who is going to monitor who and who has not signed a waiver as they enter the pool. The other problem with a waiver is that it does not relieve the Association from gross negligence. Failing to clean the pool on a frequent basis would probably be construed as "gross negligence."

The monitoring of the pool would require hiring people to do that. There is no funding in the budget for that expense. We could do that if EVERY owner was willing to pay a special assessment fee of $100 or more. A special assessment has to be paid by ALL owners, not just those affected. That would mean even those not using the pool would have to pay as well, and would require a majority vote of the owners to approve that assessment.

Nothing has really changed from when the pool first closed, due to the pandemic, in March 2020 to now, with the exception that it has gotten WORSE. Almost one in four people being tested in Arizona have tested positive. At this rate it will just be a matter of time before everyone gets infected, unless you are staying at home, wearing masks when out, maintaining social distancing, and avoiding crowds. A pool draws crowds and being in and out of the water conflicts with the ability to wear masks all the time. Just not a good recipe for helping to combat this pandemic.

The KV Board really wants to open the pool for the enjoyment of our residents; however, due to liability issues is reluctant to join those that feel that the virus is no big deal, and subject ALL owners to a liability claim should someone be infected while at the pool, or even worse have owners become infected because some did not take the proper precautions. You may ask how can anyone prove they were infected while at the pool, and the short answer is they probably cannot, BUT KV would still have to hire an attorney to defend us in a lawsuit. There is no funding for hiring an attorney for this purpose, not alone having to pay a settlement should it be ruled in favor of the claimant. Therefore, this would be paid by ALL owners through a special assessment, which could amount to thousands of dollars per owner.

Please ask yourself if it is worth opening our pool and taking this risk. Our Board members have been weighing this decision for several months now, and with the pandemic getting worse in our area cannot justify taking this risk for everyone at this point in time.

Please feel free to send your comments on this matter to HOA@KinneyVillage.org.

UPDATE: 5/13/2020: Even though Governor Ducey has now announced that community pools MAY be re-opened; there are restrictions that must be abide by to make that happen. These restrictions include, but not limited to, frequent monitoring of pool chemicals, frequent cleaning, monitoring the number of users, enforcing social distancing, and if waivers are used then procedures to enforce only those with waivers to enter must be established. All of these restrictions are very difficult for a small community like Kinney Village without at least hiring pool monitors at an estimated cost of at least $8,200 to cover the swimming months (June through September).

Please note that if anyone catches COVID-19 from being in the pool/spa area, the insurance will not cover any claim due to the pandemic. Our community manager AND ADAM LLC, recommends that the pool/spa remain closed at the present time. Therefore, the Board has chosen to keep the pool closed until further notice.

UPDATE: 5/12/2020: Governor Ducey held a press conference today to provide updates on his "Stay Home, Stay Healthy, Stay Connected" Executive Order. As for HOAs, he has provided that communal pools will be closed through at least May 15th. PB&J will report back if Governor Ducey issues any additional guidance between now and May 15th.

Once the order is lifted, our firm is confident that Associations will be required to abide by CDC guidelines such as strictly limiting the number of pool users, removing lounge chairs, loungers, and other devices which can be vectors for disease transmission, and properly disinfecting pool areas at least daily. Once we have more information regarding the guidelines, PB&J will assist associations in creating a policy for pool use that complies.

Sincerely,

Brown|Olcott, PLLC