Article Courtesy of The
South Florida Sun Sentinel
By Lois K. Solomon and Lisa J.
Huriash
Published May 11, 2021
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Let us swim!
That’s the cry from some South Florida homeowners whose community pools remain
locked down even though Florida’s governor has suspended all local restrictions
related to COVID-19.
The two pools in Boca
Fontana, a neighborhood off Lyons Road in West Boca, closed
in March 2020 and their gates remain shuttered. The
clubhouse, tennis courts and basketball courts also are off
limits indefinitely because of the virus.
The Knightsbridge neighborhood in Coral Springs has also had
a closed pool since COVID commenced. Resident Matt Sampson
said his kids, ages 10, 12 and 16, are craving a dunk in the
water.
“We moved here for the neighborhood pool,” said Sampson, 43,
a Citrix software director and Knightsbridge resident for
six years. “The frustrating part is no one has identified
the criteria they will use to reopen. Meanwhile, we are
still paying our homeowners’ association dues.”
Public pools, operated by cities and counties in South
Florida, have mostly resumed operations after initial
closings last year, and so have the amenities owned by many
homeowners’ associations, such as parks and tennis courts.
But some are keeping their pools and clubhouses padlocked or
are restricting entry, even though the Centers for Disease
and Prevention says swimming is a COVID-safe activity.
These closures have infuriated some
residents, who often take out their anger on the volunteer
boards who run their associations. With summer approaching,
the homeowners want a place to cool off, while the
volunteers say they have a legal obligation to maintain the
safety of the community. |
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Eric Cohen is seen at the padlocked entrance to one
of the swimming pools at Boca Fontana, in Boca Raton, Tuesday, May
4, 2021. Despite the fact that residents have continued to pay dues,
the pools and other facilites at the development remain shuttered.
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Pools and other facilities remain padlocked in several South Florida
neighborhoods and condo buildings, including Rivercrest in downtown Fort
Lauderdale and Coral Key in Margate. At the Villas at Meadow Lakes in
Deerfield Beach, resident Eleni Athanasopoulos said residents are still not
allowed in the pool or gym.
“It’s 90 degrees outside and I would like to swim with my son,” said
Athanasopoulos, who has a 2-year-old.
Sunrise residents have written several letters over the past two months to
city officials, asking why pools in their neighborhoods, including Waterside
Village and Southwind Cove, are not reopening. The city can’t help them
because the pools are governed by homeowners’ association rules; Broward
issued several pool- and clubhouse-related restrictions last year, but
rescinded them in the following months.
Other neighborhoods have opened their facilities with an assortment of
limitations. At Valencia Falls in West Delray, residents can swim but they
have to register in advance and stay in an assigned lane.
There have been many confusing and overlapping orders from county and state
authorities during COVID-19 about whether public and private spaces should
be open or closed. Most recently, Gov. Ron DeSantis suspended all local
emergency orders related to COVID-19, which many businesses interpreted as a
reason to stop enforcing mask-wearing policies.
But there are many facets to reopening post-COVID, including how to operate
properties controlled by homeowners’ associations. A new state law that
protects businesses and non-profits from COVID-19-related injury lawsuits
prevents residents from suing if they contract the virus on association
land, said Sheri Scarborough, owner of Superior Association Management in
Boca Raton. She said all 11 South Florida community pools her management
company operates are open.
Still, there are many other factors to consider, said West Palm Beach
attorney Michael Gelfand, who advises several homeowners’ groups.
He said the opening of pools and clubhouses could serve as encouragement to
residents to start gathering in groups, which is how COVID-19 often spreads.
“How do you say no to a birthday party with 30 people?” Gelfand said. “You
are pushing decision-making into the hands of volunteers who are not trained
to make these decisions. I see these volunteers getting eaten alive and it’s
been a horrendous situation for them.”
Palm Beach County’s public pools reopened a year ago after a two-month
closure, said Jimmy Davis, director of the county’s aquatic program, which
operates seven pool complexes. He said visitors wear masks upon arrival and
at the concession stand, and the venues remove chairs that encourage people
to socialize. The county also keeps pool capacities at 50%, closes off every
other shower head and has stepped up its cleaning routines.
“The big thing is sanitation,” he said. “That budget has gone up.”
The Centers for Disease Control and Prevention has extensive instructions on
how to keep pool areas clean during COVID-19, including sanitizing shared
objects at least once a day, washing towels at warm temperatures and
ensuring good indoor air quality, including using the highest quality
filters, exhaust fans and ultraviolet germicidal irradiation.
Neighborhoods that don’t have these gadgets must figure out how to reopen
with what they can afford. At Boca Fontana, the association posted a note at
the pool that says in part: “The Board feels that there is a tremendous
liability for the Association as a whole to allow unfettered access to the
community pool.”
To open safely, the note says the pools’ bathrooms would have to be “cleaned
regularly throughout the day (which could mean every couple/few hours with
some attorneys suggesting it could mean after every use) and ... a staff
member must be present at the pool to enforce the restrictions of social
distancing, wearing masks, wiping down pool handles, no shower use, etc.”
“There’s been a lot of pressure from both sides” about how to reopen
community amenities safely, Valencia Falls resident Larry Weisman said.
“Some people say, ‘Open up everything.’ Most people have been vaccinated,
but the limits have continued.”
Boca Raton attorney Guy Shir represents Boca Fontana but said he would only
speak generally about the COVID issues facing homeowners’ associations. He
said Florida’s new liability law may not fully protect businesses and
non-profits from COVID-related lawsuits, and insurance policies may not save
associations from paying damages. He said a successful lawsuit could result
in financial assessments to be paid by each homeowner.
“Then there are the expenses of cleaning and governing social distancing,”
Shir said. “These expenses are not necessarily budgeted.”
Boca Fontana homeowner Eric Cohen said besides the community’s two pools,
the 307-home neighborhood has a basketball court, two tennis courts, hot tub
and clubhouse that remain closed. Cohen, 50, a financial advisor, said he
has twin 6-year-old daughters who would like to swim in the pool this
summer. He has been sending letters to government officials and organized a
petition drive to push a restart.
“We’re seeing other facilities reopen,” Cohen said. “We’re still paying full
dues and not getting what we are paying for.”
Resident Lewis Berkowitz, who has lived in the neighborhood for eight years,
agrees.
“I realize someone could get COVID at the pool,’ he said. “But the risk
seems extremely low.”
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