CAI-NJ Sept 2020

POOL... from page 28.

operational, and financial risks that the pandemic posed to the commu- nity. “We were in constant contact with not only our own community manager and association lawyer, but with other outside experts in the fields of association law and insurance. We were diligent and thoughtful in our approach in keeping with the fiducia- ry responsibility that board members have to the community’s residents. Many residents don’t seem to know that board members have this unique and very important responsibility for the entire community.” Steve’s example shows the value of boards being open and transparent with residents. Similarly, Paul LaRoche, President of Victoria Crossing HOA in Mays Landing reported that after three executive sessions with pool management, property management,

attorney and an insurance agent, not opening was a rather simple decision for the board. A few days after their vote, they announced the pools not opening with a Zoom meeting to which the entire community was invit- ed. The board explained the addition- al un-budgeted unbudgeted costs for two more full-time employees, material costs, half occupancy, closed toddler section, and high risk of uninsured viral transmission concerns, led to that decision. Paul believes the board’s trans- parency in explaining the many reasons to not open led to the great majority understanding and accepting it. The CAI survey showed that in New Jersey, fear of exposure to legal liabil- ity (84%), lack of insurance coverage (74%), and attorney recommendation (74%) kept pools closed. Our work for this article verified those findings. CIC board decisions like this will continue for the foreseeable future. When CAI released the survey, Thomas M. Skiba, CAI’s chief exec- utive officer, stated this, “The question to open a community association pool has been one of the most controversial and complicated topics facing con- dominiums and homeowners associ- ations this season. Unfortunately, it’s not a one-size-fits-all model, and the decisions to open or not open are tailored to each community and spe- cific to their unique circumstances. Communities have to consider guid- ance from the Centers for Disease Control and Prevention, state and local requirements, the association’s ability to set and enforce rules, lia- bility, resident sentiment, safety, and expenses.” n

every unit owner would be liable for their share of the legal defense costs and financial award. In addition, there is no coverage under the general lia- bility provisions for bodily injury when the board members knew opening the amenities could expose the residents to the harmful effects of COVID-19. Also, there is no coverage for bodily injury under the Director & Officer por- tion of the policy. On top of those risks are the onerous sanitizing efforts and increased labor hours required (i.e. pool lifeguard and “ambassador” for social distancing) creating extra costs for those efforts.” The board wanted the community residents to know that they did exten- sive research about legal, insurance,

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