The Front Porch – Summer 2020 Newsletter is now available!

Dear Homeowners:

The Board of Directors have been in discussion with our pool management company, as well as consultation with both the Association’s legal counsel and insurance company regarding the 2020 pool season.

The Board has a fiduciary responsibility to all of the members of the Association to preserve and protect the assets of the Association and must give careful consideration concerning the health and safety of anyone using the facilities as well as the staff, and the liability exposure related to opening the pool under the current circumstances.

Per the Governor’s orders, pools can open during Phase II for lap swim, diving, exercise or instruction only; RECREATIONAL SWIMMING IS NOT ALLOWED. The Association would have to follow strict regulations for monitoring swimmers, social distancing requirements, capacity limits, disinfecting and sanitation, limited persons per lane, etc. These are duties over and above the responsibility of the lifeguard, so a third party would need to be hired to monitor these activities and ensure the guidelines are being obeyed. During Phase II the pool will only benefit a very small number of residents.

Also, the pool management company is requiring the Association sign a hold harmless agreement should the Board wish to open the pool. We have been strongly advised by legal counsel and insurance to not sign this agreement as the Association does not have the insurance coverage should there be a Covid-19 claim made against the HOA.

Another obstacle is the limited domestic lifeguard staff as international guards have not been able to enter the country. The pool management company warned that we would likely have to have shorter pool hours, with the possibility of erratic schedules.

In conclusion, the operational and liability issues are challenging.  Based upon all the factors mentioned above, the Board has decided to enter into a service only maintenance contract at this time.

We will continue to review the Phase III order. Should Phase III open up to recreational swimming, the pool management company no longer requires the Association to sign the indemnification agreement, and we have sufficient guards/staff, then the Board may reconsider options for opening the pool.

Please know that this was not a decision taken lightly. We will keep you updated during this challenging time. Thank you for your continued patience and support.

Sincerely,

Board of Directors
Potomac Shores Residential Association