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BSW News Blasts > Pools Closed For Season
Pools Closed For Season

May 22, 2020

Dear BSW Residents,

We sadly regret that we, the Board of Directors, have voted to close our pools for the 2020 season, primarily because of Insurance non-coverage, validated by our attorney, if we are sued during this pandemic by anyone contracting the COVID-19 virus while swimming in our pools. During the past 3 months, the BSW Board and staff have been hard at work endeavoring to safeguard the health, safety, & security of you our BSW residents and HOA facilities while complying with state and city COVID 19 executive orders, decrees, guidelines and restrictions. We were in the process of preparing to obtain and order supplies and put in place the enhanced mandated pool facility sanitation and disinfecting measures to be able to open our pools this summer. Additional CDC, state and city restrictions on pool occupancy limitations, social distancing supervision, signage and staff manpower shortfalls to deal with the many logistical sanitation, safety and enforcement measures seemed to be the biggest hurdle!

However, after consulting with our HOA Insurance company and attorney on coverage and liability during this pandemic, we were shocked to find out that the exclusion clauses in our Insurance policies did not cover the Association in the event that someone contracted the COVID-19 virus and sued our HOA. Further clarification from our Insurance Company revealed that a lawsuit during this pandemic environment would not be covered by our Insurance Company and our Association would be 100% liable for all legal costs and after our reserve funds were exhausted would be legally passed down to each of our homeowner members to equally share in the remaining costs. That would include any settlement costs if awarded. We provided this Insurance assessment to our attorney, to validate and it was validated as accurate.

As a result, we clearly saw what our duty and responsibility is to the 1151 homeowner residents of BSW and that is to keep our staff and residents safe, avoid legal liability that could place our HOA and all our member homeowners in financial and legal jeopardy. That is why we are keeping our pools closed! We hope this sheds light on the complexity of this issue and why this decision was made and look forward to reopening our pools in 2021.




Web Ahoy