Good Day San Marino,
I am one of the home owners within the San Marino community in Clayton, NC. As I'm certain you are well aware many residents here are very upset regarding the pool closure during the summer months. Here are some of the statements provided by Towne Properties Management the origin of which is claimed to have been from our HOA board:
While Phase II of the reopening does allow for access to swimming pools, the limitations and constraints placed on community pools would make it impractical to operate and cause undo additional expense to the owners (especially with the limited number of owners that would be able to use the pool at one time due to the new guidelines).
My question to the Association Manager, Raleigh District Office for Towne Properties Raleigh District was as follows: Please cite what limitations and constraints specifically would cause undo additional expenses and create an impractical operation. Members of the community will then be able to evaluate this information and see if we can collaborate to resolve these issues in a practical manner.
Keep on mind home owners are already paying annual recreation fee of $14,800. I am certain home owners will be capable of finding a better contract which will manage all of our recreation needs at a better price even with these supposed additional expenses. Additional comments from the Association Manager, Raleigh District Office for Towne Properties Raleigh District mention unlisted legal concerns:
The Board has also received information from the attorneys and the insurance company that are on retainer for Towne Properties and the San Marino HOA.
My query in regards to this statement was as follows: Respectfully request all facts provided by said lawyers and attorneys regarding concerns with the pool opening for community members consideration and review.
Lets move on to hard facts of this situation. Here is the BLUF! No laws currently prohibit the use of our pool. In fact all efforts were made to detail the safe practice of doing so! Here is why. As you are likely aware the State of NC Carolina and the CDC do not provide a recommendation of public pool closures but instead offer guidance. One example may be found in the Interim Guidance for Public Pools and Spas (May 22, 2020) from N.C. The Department of Health and Human Services from N.C. The Department of Health and Human Services
Limit the user capacity in the pool to no more than 50% of maximum occupancy as determined by fire code (when fire code number is not known, maximum occupancy can be calculated as 33 people per 1,000 square feet in deck areas, wading pools and splash pads), AND a maximum occupancy in the water of 10 people per 1,000 square feet, AND ensure sufficient social distancing with at least 6-foot separation between family units.
The current extended North Carolina’s “Safer At Home Phase 2” through 5 p.m. on Aug. 7, 2020 references EXECUTIVE ORDER NO. 147. EXECUTIVE ORDER NO. 147, EXTENSION OF PHASE 2 ORDER AND NEW MEASURES TO SAVE LIVES IN THE COVID-19 PANDEMIC released on the 24th of June 2020 by the State of North Carolina Governor Roy Cooper does not list the need for Face Coverings at Pools, Aquatics or the similar within the latest amendment and under Section 3.5. Face Coverings. CDC guidance defers to local health officials of which I have cited above. Beyond this deferment the CDC only offers Considerations for Aquatic Venues, strategies to encourage healthy hygiene, maintain healthy environments, maintain healthy operations, operators of public aquatic venues may consider and preparing for when someone gets sick. None of which aforementioned CDC topics recommend the full closure of public pools or other aquatic venues and most of which are already policies followed by all members of the community in hundreds of establishments in town such as banks, restaurants, work and many others.
We still have not been provided any details on these additional costs above our current annual fee of $14,800, nor actual real legal concerns with the use of our community pool. Please continue to engage other home owners within our community and discuss the signing of this petition, questions to be asked at a Special Meeting and finances being spent on a resource we are being denied. We need 80% of the home owners to sign for this and we will move from a petition to a ballot as we continue to be ignored regarding a Special Meeting. That may be one vote per household. Please refer to your By-Laws found on the sanmarino-hoa.com page. Thank You!