COVID-19 Update

5/27/20

Neighbors,

In an effort to make sure the neighborhood is kept informed of the pool status, the Board wanted to send an update on the items that must be taken into consideration along with some of the information that will influence any decision. The Board is going to make an effort to send a weekly update, every Wednesday with any progress. If there is no progress, the weekly update will be a reminder of where we are in the process. We are ACTIVELY pursuing resolution to any and all of these items regardless of what a few people post on social media.

The most important hurdles/items with regard to the COVID-19 Pandemic and use of the pool include but are not limited to:

  • It is by law that the Brierfield pool must have an inspection by Fulton County before we can open
    • Inspection has been requested - Fulton County has not yet scheduled the inspection
    • Brierfield's management company has estimated that we will be inspected in early June but there is no guarantee of that
  • Community swimming pools are subject to 22 mandatory measures outlined in Gov. Kemp’s “May 12 Order”
    • Specific mandatory measures include a minimum of daily cleaning for “often touched” (hand rails, etc) areas and cleaning of “shared items” (pool furniture, etc) after every use
    • Lifeguards CANNOT participate in this cleaning per the May 12 Order
    • Volunteers require additional liability insurance coverage in order to participate in this cleaning
    • If an association opens and operates the pool but does not comply with the 22 mandatory measures, operation of the community pool will be an intentional act to violate the May 12 Executive Order
    • Violation of the May 12 Executive Order is a misdemeanorand the Board members are subject to being issued individual citations
  • Waivers do NOT prevent or protect against lawsuits
    • They only provide some level of defense during the lawsuit
  • The HOA's insurance policies exclude coverage related to loss or damage caused by or resulting from virus, bacterium or other microorganisms (as do most insurance policies)
    • In the event that litigation is filed against the HOA and its Board members by an individual or a group who believed they contracted COVID-19 at the Brierfield pool, all legal costs would be the responsibility of the Brierfield HOA and potentially the Board members individually.  The Board members are not willing to take on that risk for the Association or personally.
  • Additional staff would be needed in order to enforce social distancing and regular cleaning of “often touched” items and “shared items”
  • The 2020 budget does not include funding for (1) addition liability insurance, (2) additional staff to monitor social distancing and clean “often touched” and “shared touch” items, and (3) cleaning supplies for “often touched” and “shared touch” items

All other community/neighborhood pools in the state of Georgia must comply with the above bullets (inspection subject to the communities’ specific county).  Any community that has made a decision to open their pool is subject to the same risks included but not limited to the above bullet points.  Once there has been an inspection, the HOA Board, in conjunction with advice from our management company and our attorney, will have to weigh the risks of opening the pool against the COVID-19 rules in place at that time.

 

Reference:

The full set of CDC Considerations can be found here at this link: https://www.cdc.gov/coronavirus/2019-ncov/community/parks-rec/aquatic-venues.htm

The full set of Georgia Department of Public Health Guidance can be found here at this link: https://dph.georgia.gov/document/document/envhealthpoolcovid-19guidanceforpublicpools51320pdf/download