Dear Neighbor,
The Board of Trustees hope that you and your family are safe and healthy. The recent changes due to COVID-19 have been very difficult for us all.
As you probably are aware by now, Governor Murphy recently announced the gradual re-opening of the State of New Jersey. Most recently Governor Murphy announced that pools can open on June 22, 2020. After the announcement, the State of New Jersey promulgated strict guidelines concerning the re-opening of the pool. The Board of Trustees immediately consulted with counsel for the Association.
Both our insurance company and legal counsel have expressed grave liability concerns. Significantly, it is highly likely that insurance will not be available to cover any claims related to COVID-19. Without insurance coverage, the Association, its Board and ultimately each and every member would be responsible for any and all costs relating to legal defense, expert fees, and any damages if awarded in a lawsuit. Each individual member would be responsible for his or her proportionate share of the foregoing expenses. If a claim arose, the Association would be compelled to levy an emergency assessment against all members.
The Board has performed a risk-reward analysis and determined it is unwilling to accept the possible substantial risk associated with opening the pool for an abbreviated pool season. The Board has fiduciary obligations to all members of the Association. We are charged with protecting both the safety and well being of the Association members and the financial health of the Association.
The Board did not take the decision regarding the pool closure lightly. The Board members would have loved to use the pool with all the members this summer. Notwithstanding, in light of the State guidelines, we are unable to open the pool this season.
Please know we take our role very seriously and are using best efforts to protect the Association and all its members.
It is our sincerest hope that everyone is safe and healthy in this pandemic and look forward to enjoying the summer while also protecting the Association and all its owners. Thank you.
Very truly yours,
Board of Trustees
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