Letter to Owners

Published: June 29, 2020

Dear Northpointe Crossing Owners:

We understand the frustration some of you are feeling with respect to the pool remaining closed. The purpose of this letter is to explain how and why this decision was reached, and why we feel this decision is in the best interest of all owners. Please note this decision was made only after hours of research and deliberation and in accordance with the advice of the Association’s attorney.As many of you know, the pool was initially closed due to mandates issued by Governor Abbott. While pools are now allowed to operate, they are only allowed to do so at 50% capacity, with social distancing and stringent sanitation procedures in place. Governor Abbott’s most recent order also states that pool are not required to open, and that the decision rests with the pool operator.

Upon receiving this information, the Board consulted with the Association’s attorney to determine what steps would need to be taken to open the pool in a manner that shielded the Association from liability. Per the attorney, the Board would need to adopt a set of rules requiring social distancing, limited capacity, and other measures including a requirement that all owners sign a waiver and indemnification agreement prior to use. Once these rules were in place, the Association would need to hire someone to monitor the pool area for compliance with these rules. It is important to note that the Texas Administrative Code requires a second responder to be present if a pool is being monitored by a lifeguard. The cost of adopting these rules and putting two lifeguards in place will increase the Association’s expenses and could lead to the need for a special assessment or an increase in the 2021 Annual Assessment.

Further, if someone were to file a claim against the Association alleging that they contracted COVID-19 at the pool, this claim would almost certainly fall outside of the Association’s insurance coverage, as no traditional POA policy includes coverage for claims relating to viruses. Therefore, the Association would be left to cover legal expenses and any resulting damages out-of-pocket. Even frivolous lawsuits can be costly to dispose of, eating up significant amounts of Association time and money. Any such legal expenses would become a common expense to be shared among all owners.

Finally, please note the Association is still incurring costs for maintaining the pool so it will be ready for use when it can be safely reopened. Even if the Board had the authority to “refund” assessments, it would not be able to do so as expenses have not decreased.

The Board’s discussions regarding the pool are ongoing, and we are attempting to stay abreast of any changes in the applicable governmental orders and CDC guidance. However, COVID-19 diagnoses in Texas are on the rise, and we are unable to say with certainty when the pool may be able to open. We, as much as anyone else, are looking forward to a time when we can safely reopen the pool.

Sincerely,

Board of Directors

Northpointe Crossing HOA