The HOA Board understands the frustration surrounding current restrictions related to the current COVID-19 pandemic. Through help of our management company, Cedar Management, the Board has been actively monitoring the situation and exploring available options. Given the requirements, resources, and timeline available to procure them, the board has decided that the pool, tennis courts, common playground equipment, and volleyball pit will temporarily remain closed through “phase 2”. However, resources are currently being finalized to potential re-open the pool and tennis courts.
Please understand this is being looked at by the Board not only from a requirement standpoint but also from an owner standpoint since we (the Board) are also community members and like all of you, enjoy using our community amenities. The Board also understands that decisions faced during these unlikely times not only affect us but also potentially can affect others in the community and their families.
Additionally, we understand that while these amenities are currently unavailable to the community, paying for them may seem unfair. Please keep in mind, the recurring upkeep of these facilities is still required by our yearly contracts, so that the Board can ensure assets are maintained properly and are in working order. The Board is actively working at evaluating the options on re-opening our amenities for enjoyment.
Please understand this is being looked at by the Board not only from a requirement standpoint but also from an owner standpoint since we (the Board) are also community members and like all of you, enjoy using our community amenities. The Board also understands that decisions faced during these unlikely times not only affect us but also potentially can affect others in the community and their families.
Additionally, we understand that while these amenities are currently unavailable to the community, paying for them may seem unfair. Please keep in mind, the recurring upkeep of these facilities is still required by our yearly contracts, so that the Board can ensure assets are maintained properly and are in working order. The Board is actively working at evaluating the options on re-opening our amenities for enjoyment.
The official statement from state of NC as issued from Governor Cooper, via NC Executive Order (EO) 141 starts a five-week period beginning on 05/22/2020 at 5:00pm eastern time referred to as "phase 2" for COVID-19 related restrictions. As of 06/24/2020 "phase 2" has been extended for another 3 weeks to 07/17/2020.
Part of EO-141 puts the following mandatory limits/requirements into effect for pools that are open:
Part of EO-141 puts the following mandatory limits/requirements into effect for pools that are open:
- Capacity limits
- Social distancing requirements
- Sanitation requirements
To effectively ensure that these have been fulfilled, the HOA Board is working with and requires the approval from the following entities that these requirements are being met.
- Our community management company, Cedar Management
- Legal consul to ensure that our duties and requirements outlined by EO-141 are met
- Our pool maintenance company, Trident, to provide additional required services at a cost
- The reopening plan will need to be approved by our insurance company prior beginning the pool season
- Understand the Board has a duty to maintain and operate all common elements in a reasonably safe condition.
- This means that first and foremost, under the new EO, it is not reasonable or lawful for the HOA Board to abandon all responsibility for controlling maximum gathering limitation numbers by simply posting signage and leaving owners to self-enforce compliance.
- The degree and methodology for compliance can and should be viewed in the context of reasonableness. Traditionally the community pool has always been operated with at Swim at Your Own Risk (SAYOR) standards, the attendant has served for fob and access compliance and has not been in the role of a lifeguard.
- The suggested course of action if the pool is opened would be to close the pool for an hour from 12:00 (noon) to 1:00 and hire someone to clean common touch points such as hand rails, gates, bathrooms, etc. and for the same person to clean those surfaces after the pool closes. This would be required daily.
Options the Board has explored to date (Updated on 6/25/2020):
- Prior to announcement of "stage 2", the option of guided self-compliance was discussed. This involved posting the appropriate signage about using amenities at the risk of the individual and providing the community with the opportunity to use amenities. After requirements were posted regarding the new EO, it was determined this was not a viable option based off our management company’s guidance.
- To support above sanitation requirements quotes were gathered by the Board and Cedar Management for cleaning and disinfecting services. Preliminary quotes were cost prohibitive to the 2020 budget.
- Alternative cleaning schedules for the pool and tennis courts have been received and are in the process of being secured. That means hopefully soon we can re-open them both! Stay up to date with our email list and Facebook page for more information!
- Other areas such as the playground equipment however will remain closed. We understand that they are easier to socially distance when in use, however the act of touching the playground equipment still poses a viable risk for potential transmission and infection. The playground equipment is not scheduled for cleaning at this time.
- The Board is putting together a scheduling assistant for the pool and tennis court usage. Part of the requirement is a limited capacity of 35 people for the pool. The overall details are being worked on, but the general idea would be like an appointment planner at a hair salon; The scheduling assistant will help families see what times are available to visit the pool and reserve a time-slot for themselves. Once the capacity limit of 35 people (individuals, not families, so a parent + 2 children would be 3 individuals) is reached for a time slot, it would no longer be available.
- Once the required resources have been secured, we will be sending out an update listing the open times and additional information.
- The pool schedule is still being finalized but some discussed options are: a weekday morning for our older community members and any other individuals who are considered "at risk", a weekday afternoon for stay at home parents (especially now that school is out), as well as a full weekend.
- Make sure to fill out the new 2020 pool sign-up sheet on the homepage so your family is ready when we re-open!
Additional COVID-19 related FAQ
What is the status of the tennis courts and pool opening?
The Board is actively working on securing cleaning and monitoring contracts to re-open our amenities for enjoyment. We're close! In the meantime the sign-up forms and normal processes are being gone through to make sure we're ready to open when the time comes.
Will a credit be RECEIVED for HOA dues since amenities are closed?
Our pool management company has been performing the routine services as outlined in the yearly agreement for 2019. These services will continue as planned in order to maintain the structural integrity of the pool systems as well as to meet the requirements from the health department even as the pool remains closed to the community.
As mentioned above, the cost to appropriately treat and disinfect the common touch areas (pool and tennis court) is approximately $800 per treatment. Currently, after discussion with everyone involved (Cedar Management, Insurance, Pool service provider), the recommended application would be daily. This would amount to an approximate $24,000 per month additional incurred cost, which the Board believes to be prohibitive to the 2020 budget.
As mentioned above, the cost to appropriately treat and disinfect the common touch areas (pool and tennis court) is approximately $800 per treatment. Currently, after discussion with everyone involved (Cedar Management, Insurance, Pool service provider), the recommended application would be daily. This would amount to an approximate $24,000 per month additional incurred cost, which the Board believes to be prohibitive to the 2020 budget.
Has the CDC lifted the risk of contracting the virus from surfaces?
Current information from the CDC can be found here: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html
Currently, person to person transmission is the focus, but the CDC states more is being learned. Touch-based transmission is still a concern, which matches the requirements outlined by the NC Governor’s Executive Order 141. The Board is working on exploring options for meeting the disinfecting requirements so we can restore amenities as soon as possible.
Currently, person to person transmission is the focus, but the CDC states more is being learned. Touch-based transmission is still a concern, which matches the requirements outlined by the NC Governor’s Executive Order 141. The Board is working on exploring options for meeting the disinfecting requirements so we can restore amenities as soon as possible.
Why can’t pool users just wipe down the surfaces when they’re done?
We’ve discussed this as a possibility with our involved parties (insurance, pool company, legal, and Cedar Management). Unfortunately, while this may seem like a logical approach, this puts the burden of liability on the people wiping down and may be deemed “negligent” from the perspective of the Board’s responsibility. Because of that, if anything were to happen the HOA could be held responsible. As a result, we’ve been advised this is not an option.
Why are other neighborhood pools open?
Some of the open pools in other communities already have/had existing personnel (like paid employees) that are handling this responsibility. An additional possibility is that larger communities have larger funding to draw from. See the FAQ on pool funding for an outline on costs.
Cost to operate the pool
- The annual operating costs are typically presented and ratified at the annual HOA meeting in January. For the upcoming year if you’ve got additional input, please show up! The more community members present the better. As part of the recent board re-organization in 2020 we're trying to strengthen community input.
- The annual pool service contract for 2020 through our provider, Trident, is $8,500. This includes yearly support from trident for things like opening and closing the pool for the year, various inspections required by the city and county, and the required chemicals to operate the pool. Additionally, if any repairs are needed to meet the inspection requirements, that is added cost. For the 2020 yearly budget there is a scheduled $2,500 for additional cost. Comparing this to past years, this is about the average required, some years have been more and others have been less.
- The best quote received from the first round of submitting for disinfection was $800 per treatment. Under the current “phase two” requirements, we’ve been advised that this should be done every day the pool is open. This would add an additional $24,000 per month to operate the pool. If the pool was open for three months, this would be an approximate $72,000 added to the budget, which would be a 270% increase to our current yearly budget. A simplified option for disinfecting are being perused and we will update the community when we learn more and get additional quotes. At the time a best-bid is decided on, the Board will re-evaluate costs and make a decision.
- Additionally, to enforce the capacity limits on the pool, an attendant would be needed. Last year there was limited success with the attendants from our pool provider, Trident. They have told us this year that with the ongoing COVID situation, they are even lower staffed and would not be able to provide an attendant. This leaves the option for the HOA to independently to hire an attendant. After gathering quotes, the average “lowest” cost for this is approximately $20 per hour. To open the pool for a full 8 hours a day, this would cost an additional $4,800 per month.
One of the costs is an attendant, why can’t someone from the community volunteer?
Unfortunately, this has the same answer as community members wiping down surfaces as they use the pool. Given the current recommended steps, it was advised to the board that the individual ensuring capacity limits have their own liability insurance (like someone cutting trees is bonded and insured) to cover any potential issues. Without this, the HOA could be held liable and face additional costs if something happened.
Tennis courts are Able to be open, why is ours still closed?
Like pools, tennis courts are able to be open during "phase 2" in NC. Due to the nature of how tennis is played and the court size, it is easy to socially distance and capacity limits for tennis courts are not an issue, unlike the pool. Much like the pool however, the "common touch" surfaces also require to be disinfected. As previously mentioned, the Board is working on getting new quotes arranged for simplified cleaning. Opening the tennis courts will depend on the cost for the simplified cleaning schedule.
IS the clubhouse available to rent?
Unfortunately at this time the clubhouse is closed for rental. As part of "phase 2", there is a maximum limit of 10 people for gatherings. Due to the inability for use (the HOA) to monitor that this requirement is being maintained, the clubhouse will remain closed. Hopefully in the upcoming "phase 3" this will change. The Board will let everyone know when this is updated.
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