by James A. Bacon
The latest iteration of Wise King Ralph’s emergency COVID-19 decrees, provides for the possibility of reopening pools and fitness facilities in Virginia. However, the new diktat comes with many conditions attached. Either pools and fitness facilities comply with all the rules, or they stay must closed.
The homeowners association of the neighborhood Steve Haner and I live in has a clubhouse with a small fitness facility and a pool. HOAs across Virginia have banded together and hired legal counsel to determine how to interpret the rules. Here is the analysis provided by our HOA manager:
The new requirements are very restrictive and make it very challenging for a pool or exercise facility to comply. Among these requirements are: increasing the social distancing from 6 feet to 10 feet; limiting use of a pool, e.g. to swimming laps; increases in signage; disinfecting before and after each use; monitoring to make sure that homeowners are following all requirements; and, most significantly, screening homeowners for symptoms of coronavirus and COVID-19 prior to admission to the facility and making judgments as to their health situation in accordance with all confidentiality and privacy laws. Additionally, our insurance carrier has counseled us to proceed as if we do not have liability coverage for COVD-19 related claims.
We have looked into the additional costs in order to meet the mandated requirements and have estimated they would be over $2,500 per week. Obviously, like you, we did not factor in virus-related expenses when we developed the budget for this year. In order to pay these unforeseen, additional expenses, we would have to impose an assessment on all homeowners. We do not believe that many homeowners would be willing to pay such an assessment for limited use of the fitness facility and for swimming laps in the pool (which would not include casual swimming or lounging around the pool).
Therefore, the clubhouse, fitness facility and the pool will remain closed at this time.
Have a nice day. Instead of taking a swim, maybe you should go on a protest march.
