OT: Condo Board

[Connecticut13]

This is something of a unique situation because you’re talking about a group of people trying to govern an entity with dozens of individuals whose ownership interest is actually the home that they live in.

The stakes are rather high there, no?

The stakes aren't very high. Just because someone gets COVID from the pool doesn't mean they have grounds for a lawsuit against the HOA. They'd have to prove negligence. Now, last year the Governor imposed standards that were very difficult for HOAs and other small pools to meet -- for example, routinely disinfecting surfaces. To my knowledge, these are no longer in effect. So, what real liability risk does the HOA have? I believe they'd be complying with all existing guidelines if they opened the pool without restrictions, so I don't see the potential liability here.

 

[Dogdeacon]

The stakes aren't very high. Just because someone gets COVID from the pool doesn't mean they have grounds for a lawsuit against the HOA. They'd have to prove negligence. Now, last year the Governor imposed standards that were very difficult for HOAs and other small pools to meet -- for example, routinely disinfecting surfaces. To my knowledge, these are no longer in effect. So, what real liability risk does the HOA have? I believe they'd be complying with all existing guidelines if they opened the pool without restrictions, so I don't see the potential liability here.

Anyone can sue anyone, even if they'd likely 'win' the lawsuit and not be found liable, the costs of defense could be crippling.

It'd be interesting to see if sued what assets of the HOA are at risk; namely is the HOA its own standalone entity or is each association member's equity in their home potentially reachable via a lawsuit? Even if not, its definite that the costs of legal defense would hike condo fees for all.

I wonder if an acceptance of liability vote is possible where homeowners wanting to open the pool agree to accept liability and risk equity. IF so, then you'd likely get vigilant enforcement of waivers, vaccination requirements etc...

 

[UCTitleTown]

There's no way of proving where someone got Covid. It would be a frivolous lawsuit. Our HOA finally came to their senses. I was in the starting process with my attorney of suing them for denial of services.

 

[Excalibur]

Somewhere behind their decision is an attorney and an insurance broker telling them that they have no coverage if they’re sued. (”You made the decision to open the pool, the Wilsons came to the pool, sat next to our grandma and then tested positive for Covid and now grandma is dead.”)

Their decision is not irrational.

Maybe not, but it's based on bad advice if that's the case.

 

[Dogdeacon]

There's no way of proving where someone got Covid. It would be a frivolous lawsuit. Our HOA finally came to their senses. I was in the starting process with my attorney of suing them for denial of services.

Wait you hired a lawyer to sue your own HOA? So you pay your lawyer and a portion of the defense against yourself?!
Why don't you just pay yourself $1,000 and buy a really nice pool or gym membership?

 

[ctchamps]

I'm currently starting a house search with my fiance. Not planning on buying for a couple years, but this thread has pretty squarely convinced me that absolutely no HOA needs to be at the top of the list.

I’m living your nightmare scenario - a condo in Asheville NC.

Talk about smug people. I smugly wear my UConn championship clothes everywhere I go.

 

[UCTitleTown]

Wait you hired a lawyer to sue your own HOA? So you pay your lawyer and a portion of the defense against yourself?!
Why don't you just pay yourself $1,000 and buy a really nice pool or gym membership?

I have a lawyer friend. He wasn't going to charge me, just send a couple letters first. I'm paying $5k year in HOA fees......

 

[CL82]

I smugly wear my UConn championship clothes everywhere I go.

 

[Yardigan]

 

[Dove]

See ya later, Nitz!

 

[Skiblets]

See ya later, Nitz!

Sue everybody!

 

[Jimdish255]

Lawyers of the yard: My wife and I own a condo in CT where the association pool is closed going on year 2. The HOA board is claiming that they along with the entire community can be sued if someone gets Covid at the pool.
We joined the bi-monthly meeting to try to understand better what was going on. The first part of the meeting was open to all, however towards the end they made everyone but the board leave.
My question is does anyone know of a precedent for the pool being closed?
Also, is it normal for community members to not be allowed in board meetings?
It seems like the board is hiding things. There is a real lack of transparency between the board and condo community.
Thanks in advance!

Having served as treasurer on a board for 10 years this is usually the case of a weak board not willing to serve the best interests of the community and instead listening to a property manager who is listening to his insurance carrier. In the end when a board is weak very little visionary thinking is implemented. If you are following State guidelines it's nearly impossible for a lawsuit to proceed when a) It's nearly impossible to pinpoint the exact moment of transmission and b) No one is forcing anyone to use the pool if they're uncomfortable.

My sister single-handedly got her pool open last year. Ours remained closed but was opened this year. Bottom line is your board needs leadership and is currently too lazy to stand up to the property manager. If they're scared of lawsuits then just close all common areas. Playgrounds, sidewalks, athletic courts whatever you have. An acorn might fall on someone's head or you might have snow in the winter. What a miserable philosophy. (I forgot to mention I'm a first responder. No need to lecture me on the seriousness of COVID-19)

 

[ElPresidente]

Lawyers of the yard: My wife and I own a condo in CT where the association pool is closed going on year 2. The HOA board is claiming that they along with the entire community can be sued if someone gets Covid at the pool.
We joined the bi-monthly meeting to try to understand better what was going on. The first part of the meeting was open to all, however towards the end they made everyone but the board leave.
My question is does anyone know of a precedent for the pool being closed?
Also, is it normal for community members to not be allowed in board meetings?
It seems like the board is hiding things. There is a real lack of transparency between the board and condo community.
Thanks in advance!

So much to unload here. Seems like a bunch of uneducated people in a position they shouldn't be in to begin with.
1. Get on the board so you may have an impact on the decisions that are made.
2. Insurance will NOT pay covid claims. Read the exclusions section of the policy and you'll find the verbiage on viruses. This was a hot item when busines claimed losses for business interruption due to Covid but were denied because the exclusions are very clear. The good news is that with some companies you can purchase this coverage through an endorsement, but be prepared to cough up some prerty dough.
3. You'd have to be living under a rock and have one visitor, or, an item divered that touched several hands to even trace where you got Covid.
4. Covid mandates have been lifted and activities have resumed back to normal, the board members clearly missed that memo.
5. Request the HOA balance loss/profit sheet and lookout for any "business" meetings at the casino. Seem like a distraction to not want to spend the money set aside to operate the community pool in the first place.
5. If someone does sue hire @Fishy for a fine punch to the throat. Their punishment for stupidity. You pay your HOA dues to use the facility, those that do not feel safe can choose not to use the amenity.

This can go on and on...Ask the board questions and get to the bottom of it.

Disclaimer

I'm not an attorney, nor do I provide legal advice. However, I recently did stay at a Holiday Inn Express, and I'm a friendly Boneyard insurance Agent.

 

[Yardigan]

Has there been a successful lawsuit ever filed over someone 'getting COVID from a pool' (or any other place)?

 

[prankster]

Having an open meeting followed by a closed session is normal - monthly board meetings at most condos and cooperatives are generally closed sessions.

The entire community can be sued if someone visits and trips over a piece of lint or if a tree limb lands on their foot or for a thousand and one other things…that is why the condominium has insurance. Most condo board members do not understand what their actual liability is, but some insurance policies did contain a carve out that stated that the carrier would not defend a Covid case…I suspect that is what is happening at your place and suggest that is your line of questioning for them.

My MIL'S condo did that same thing for the same reasons.

Ins co. said they were on their own were any Covid claim arise that was associated with use of the pool.

This year, though, pool is open, to condo owners, only. And only after the pool user(s) sign waivers of liability.

 

[Yardigan]

Has there been a successful lawsuit ever filed over someone 'getting COVID from a pool' (or any other place)?

?

 

[TerryBoyz]

Some good points here on both sides but if great wolf lodge can open up your outdoor pool should be safe. That place is the biggest Petri dish in North America.