Q: We just wondered if there is any time frame on when homeowners association condo pools might reopen? We have read many articles stating that pool water cannot contain COVID-19, if treated with the proper chemicals, and of course, social distancing is used within the pool complexes.
Since people are still at home, and it is in the 90s outside and many people use the HOA pools for important daily exercise, we are just wondering what stage this opening might fall into, in the governor’s four-stage plan of reopening?
We realize how busy you must be, and we thank you for looking into this for us, if it is possible.
A: As of May 1, the restrictions set by Gov. Steve Sisolak to keep the pools closed have not been released. Your association as others are waiting for the green light from the governor. I suggest that you may want to contact his office.
I do not believe the issue is about the water in the swimming pools as it is social distancing.
Q: Our HOA board elected to close our outdoor amenities (playground, pool, tennis courts and basketball court) in March prior to the governor’s mandated closure. This motion that was adopted closed all the outdoor amenities until further notice, due to perceived liability concerns. Paraphrasing our covenants, conditions and restrictions:
“The board requires the consent of a majority of the owners, with added conditions that the board must make a resolution stating that the use or service is no longer in the owners’ interests and that the new use is for the benefit of the owners. The one exception is that this restriction shall not apply to changing rules relating to existing uses, such as scheduling of rooms and opening and closing times.”
When I brought this up to the board and management, I was told that the motion closing all the amenities until further notice is considered a scheduling change, and as such does not require a vote of the owners, only a vote of the board. I was also told that we could use the playgrounds and basketball courts at the public parks. Since our community does not allow basketball hoops or play equipment in any yards, the public parks were the only options left to residents. Please understand, I am not talking about closing our amenities based on the Gov. Sisolak’s mandates, which ended up with the same result. I am concerned about the boards decision prior to the mandate.
What is your opinion on this matter? I have enclosed a photo of the applicable section of our CC&Rs for your reference.
A: Based upon the second paragraph of 7.9, (Change of Services and Use of Common Areas), the board has the authority to pass a resolution to change the services of the common area as long as it does not adversely affect the association and the homeowners. The homeowners have a 30-day period of which to object to the change. If less than 10 percent of the homeowners object to the change, the resolution is deemed approved.
We have to appreciate that none of us was really prepared for the coronavirus. We had no specific guidelines in our governing documents, state laws and Nevada Revised Statutes 116. Decisions were made in the best interest of the homeowners, which subsequently became directives from the governor.
Barbara Holland is a certified property manager (CPM) and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to email@example.com.