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  1. #16
    Join Date
    May 2006
    Location
    overland park ks /loto 87mm
    My Ride
    1992 24' baja outlaw whippled
    Age
    34
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    3,022
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    Quote Originally Posted by Dredd View Post
    We have insurance but we are being told that no insurance covers pandemics.
    After advisement from an attorney, our BOD believes we'd ultimately win in a law suit but it would still be expensive to defend ourselves.
    Virus is excluded on 99.98% of policies
    Midwest Boat Party - Business Operations

  2. #17
    Join Date
    Jan 2005
    Location
    Fort Myers
    My Ride
    Freedom Boat Club
    Age
    58
    Posts
    10,509
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    In Florida, out community pools were closed, but re-opened two weeks ago..... Letter went to all HOA owners, stating that you enter at your own risk, practice social distancing, limit #'s, it is us to the owners if they go or not..... No Special Assessment
    Life is gooder in retirement !!!! - Endless Summer Live Life !!!

  3. #18
    Join Date
    Jun 2004
    Location
    Cedar Rapids, Iowa- 1MM Grand Glaize
    My Ride
    Formula 370SS
    Age
    56
    Posts
    9,589
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    Quote Originally Posted by Griff View Post
    That is pretty much what people with common sense have said.
    My argument is also why would any anybody try to sue an HOA that does not really have any $$ when they could go after somebody with deep pockets??
    Not that my pockets are deep, but that is one reason that I have chosen over the years not to be on any boards. As a member of a board they can and will add you to a lawsuit under the argument that your personal negligence in running the HOA caused a loss. On the flip side, my dad enjoyed being a part of many boards, but had a separate personal insurance policy to protect him. It was not expensive, as I recall, but it did offer him some coverage. Unfortunately, in todays world you have to always bear liability in mind, and when you are making decisions that affect others, you have some personal liability.

    That all said, pools ought to be open.................

  4. #19
    Join Date
    Jun 2007
    Location
    St. Louis
    My Ride
    Cig TG
    Age
    46
    Posts
    2,228
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    Quote Originally Posted by ckmansell View Post
    Several of the KC suburbs have already announced their pools will not open at all in 2020
    yeah, its possible we do the same... we are going to re-visit in mid-June....people will be irate but no way to enforce social distancing at our pool...
    Maybe a security guard to enforce social distancing buyt that would result in a special assessment and people would freak there too.

    we cant be excluded from a lawsuit on the grounds of a virus, and our insurance policy doesn't cover it... so, its a no brainer for us.
    “The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'.”

  5. #20
    Join Date
    Dec 2003
    Location
    Papillion, NE
    My Ride
    32 Active Thunder
    Age
    53
    Posts
    6,686
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    Quote Originally Posted by 36Tango View Post
    Not that my pockets are deep, but that is one reason that I have chosen over the years not to be on any boards. As a member of a board they can and will add you to a lawsuit under the argument that your personal negligence in running the HOA caused a loss. On the flip side, my dad enjoyed being a part of many boards, but had a separate personal insurance policy to protect him. It was not expensive, as I recall, but it did offer him some coverage. Unfortunately, in todays world you have to always bear liability in mind, and when you are making decisions that affect others, you have some personal liability.

    That all said, pools ought to be open.................
    It went to a vote of all owners this weekend and ballots are due in by tomorrow, so we will see what happens.

    Options were:
    1-Keep it closed
    2-Open with pool attendants at a cost of 2k per week ($40/month per owner assessment)
    3-Open with signage about possible risks and social distancing advice.

  6. #21
    Join Date
    Dec 2006
    Location
    Nebraska and 20mm LOTO
    Posts
    370
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    I have been on boards and the Association has always taken out a liability policy that covers the Board of Directors. Also I carry a personal umbrella policy Policy of $5,000,00.00 that runs about $600 per year, not just for that, but for all my policy’s. That way you can have lower coverage on your personal policy’s and save on them. They do set minimums of coverage on those personal policy’s. Our complex choose something similar to #3.
    Quote Originally Posted by Griff View Post
    It went to a vote of all owners this weekend and ballots are due in by tomorrow, so we will see what happens.

    Options were:
    1-Keep it closed
    2-Open with pool attendants at a cost of 2k per week ($40/month per owner assessment)
    3-Open with signage about possible risks and social distancing advice.

  7. #22
    Join Date
    Nov 2009
    Posts
    74
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    I don't understand the pool at Lands End. We have a kids water park with lazy river and plenty of room. I would make the main pool adults only and keep the screaming kids at the kids water park.

  8. #23
    Join Date
    May 2007
    My Ride
    33 Outlaw
    Age
    56
    Posts
    981
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    Quote Originally Posted by Griff View Post
    It went to a vote of all owners this weekend and ballots are due in by tomorrow, so we will see what happens.

    Options were:
    1-Keep it closed
    2-Open with pool attendants at a cost of 2k per week ($40/month per owner assessment)
    3-Open with signage about possible risks and social distancing advice.
    Well when you think about it, when there is no lifeguard on duty, pools put up signage that says "swim at your own risk"

    BTW, KCMO finally pulled the trigger Friday. No public pools open for the 2020 season. Most suburbs on the KS side already had made that call. Now that KCMO has made it, I fully expect more suburbs to follow suit. You know, kind of like follow the leader when schools announce snow days... LOL

  9. #24
    Join Date
    Sep 2004
    Location
    columbia MO & Harbour Bay
    My Ride
    cobalt 360
    Age
    43
    Posts
    1,540
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    Quote Originally Posted by Griff View Post
    It went to a vote of all owners this weekend and ballots are due in by tomorrow, so we will see what happens.

    Options were:
    1-Keep it closed
    2-Open with pool attendants at a cost of 2k per week ($40/month per owner assessment)
    3-Open with signage about possible risks and social distancing advice.

    Griff harbour bay is supposed to open pool next week ours was delayed due to needing painted before it could open. My guess is it wasn’t rushed to get completed and open.

    As for Heron bay board members the association carries coverage to cover board members individual liability.
    As for association liability if someone contracted Covid-19 that lawsuit would be defended under the liability section of the policy by the association insurance. The individual owners would not bear the liability to defend in a case. If this happened most attorneys would most likely name individual board members, association, and management company in the lawsuit looking for a settlement.
    I believe a lawsuit has been filed against Walmart for an employee that contracted Covid while at work. Unfortunately, there is no way to prove where you contracted covid, this will be no different than any other virus. This is also why everyone is following the CDC recommendations so they are not negligent in educating their employees or providing the appropriate CDC recommendations.

    I guess the other place the association could pay out on is if someone asked or sued for medical coverage. The policy has a 5k or 10k coverage there. This is a easy place a policy can pay out if they want to. This is basically there to prevent a lawsuit. For example a kid gets hurt at the pool slips on the decking and wants their medical bills paid. The insurance company could pay out under medical to settle that case without defending or admitting liability.
    Live, Love, & Laugh

  10. #25
    Join Date
    Dec 2003
    Location
    Papillion, NE
    My Ride
    32 Active Thunder
    Age
    53
    Posts
    6,686
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    Quote Originally Posted by ya never know View Post
    Griff harbour bay is supposed to open pool next week ours was delayed due to needing painted before it could open. My guess is it wasn’t rushed to get completed and open.

    As for Heron bay board members the association carries coverage to cover board members individual liability.
    As for association liability if someone contracted Covid-19 that lawsuit would be defended under the liability section of the policy by the association insurance. The individual owners would not bear the liability to defend in a case. If this happened most attorneys would most likely name individual board members, association, and management company in the lawsuit looking for a settlement.
    I believe a lawsuit has been filed against Walmart for an employee that contracted Covid while at work. Unfortunately, there is no way to prove where you contracted covid, this will be no different than any other virus. This is also why everyone is following the CDC recommendations so they are not negligent in educating their employees or providing the appropriate CDC recommendations.

    I guess the other place the association could pay out on is if someone asked or sued for medical coverage. The policy has a 5k or 10k coverage there. This is a easy place a policy can pay out if they want to. This is basically there to prevent a lawsuit. For example a kid gets hurt at the pool slips on the decking and wants their medical bills paid. The insurance company could pay out under medical to settle that case without defending or admitting liability.
    What we have been told is the liability coverage for the HOA has an exclusion for pandemics(supposedly most HOA policies do), so that is the where the big issue lies. With the exclusion, the burden of defending any lawsuit would fall back on the owners. That being said, every condo owner should have loss assessment coverage and that should cover each owner's liability. The vote has now been extended until Thursday to ensure all mail in ballots are received and hopefully get a 2/3 quorum.

  11. #26
    Join Date
    Mar 2004
    Location
    Elkhorn, NE and 19mm
    My Ride
    3350 Regal
    Age
    49
    Posts
    390
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    Fountainview Landing at 19mm was struggling with it too. The pool opened just today.

  12. #27
    Join Date
    Dec 2003
    Location
    Papillion, NE
    My Ride
    32 Active Thunder
    Age
    53
    Posts
    6,686
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    It was a pretty close vote and the Heron Bay Pool will open up next week. It would have been today or tomorrow, but of course the pump is broke and a new one ordered.
    1. 59
    2. 1
    3. 70

  13. #28
    Join Date
    Sep 2006
    Posts
    4,321
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    Quote Originally Posted by Griff View Post
    It was a pretty close vote and the Heron Bay Pool will open up next week. It would have been today or tomorrow, but of course the pump is broke and a new one ordered.
    1. 59
    2. 1
    3. 70

    Congrats and good luck.

  14. #29
    Join Date
    Aug 2014
    Location
    Illinois
    My Ride
    FORMULA FASTECH
    Age
    55
    Posts
    422
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    People just need to be smart...

  15. #30
    Join Date
    Jul 2009
    Location
    Olathe / Heron Bay
    My Ride
    Rinker 272
    Posts
    3,154
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    Option 2 was the idea to pay an attendant $2,000/week and hit everyone with $40/mo assessment. Glad someONE thought that was a good idea.
    Midwest Boat Party - Technical Operations

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