Continued Confusion
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  California's Leader in Community Association LawMay 22, 2020
CONTINUED CONFUSION
OVER POOL OPENINGS

Supervisor Confused. I contacted the OC Healthcare Agency today inquiring as to directives on pool closures for HOAs. Rita (supervisor for HB, Seal Beach, Costa Mesa) confirmed that the current situation is confusing indeed.

RESPONSE: Governor Newsom's refusal to allow Counties to make their own decisions is creating confusion and potential liability for associations that open their pools pursuant county authorizations.

Override County? Do HOAs have the authority to override the County’s guidelines? Ventura County will soon allow pools to be open but my board refuses to do it. -Mauricio B.

RESPONSE: The County is not ordering the opening of pools, it is giving permission. It's up to each association to decide whether or not to open. The problem is Governor Newsom's standing order that pools must remain closed. It does not matter that the County says yes if the State says no.

Orange County. OC Healthcare Agency will not close any pools even though the State requires it. It is up to the HOA on whether to close or open. -David J.

RESPONSE: More evidence of confusion and growing civil disobedience created by conflicting jurisdictions.

Public Pools. On the chart under Los Angeles County, POOLS is listed as Closed. Does this mean pools accessible to the public? What about Condo Association pools, available only to residents? -Marilyn B.

RESPONSE: It includes HOA pools. See next email.

HOA Pools Deemed Public.
Today, I spoke with a representative from Governor Newsom's office, an LA Public Health Officer and the LA Recreational Waters Department. The State considers all pools that are ACCESSIBLE to 3 family units or more, to be PUBLIC pools. -Stuart H.

Santa Barbara. Public pools and spas located outdoors, including those in a homeowner’s association (HOA), apartment complex, hotel, motel, country or private club, county or city pool, and gym or fitness club may allow individuals of one household at a time, limited to six individuals from the single living unit, to swim, or to use the deck area and pool restrooms and showers. -Leila F.

San Diego. I was told that the San Diego County Health Czar has ruled HOA Pools to be classed as Community Pools for enforcement of COVID-19 rules. -Bob C.

San Bernardino. I called San Bernardino County on Monday, 5/18, and the staff person confirmed that San Bernardino County is still ordering HOA community pool closure. -Debra G.

Governor's Office. The number given in your email for the Governor’s Office has a NO LONGER IN SERVICE message. Phone: (916) 445-2841. Thank you. -Roger P.

RESPONSE: That's annoying. That is the phone number listed on the Governor's website. It's also the number listed on multiple other websites. You should try it again.

RECOMMENDATION: Governor Newsom is creating liability for associations that open their pools pursuant to County guidelines. One size does not fit all. A blanket prohibition against the opening of pools in California while simultaneously allowing hotels to open their pools makes no sense at all. The Governor needs to delegate that authority to Counties, where it belongs.


Send an Email

Send a letter
Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814

Call and Fax the Governor
Phone: (916) 445-2841
Fax: (916) 558-3160


COUNTY ORDERS. Some health department orders contain detailed requirements, while others are vague and poorly written. Boards should carefully review applicable health department orders and consult with legal counsel on when and how best to open their facilities.

NorCal Counties. Fresno County’s Attestation has been accepted. Fresno County has a new order which is no more informative than its prior Order. The City of Fresno’s order will be coming soon, according to their website and should hopefully provide more guidance.

Lake County’s Attestation has also been accepted. They also have a new health order, which does nothing other than allowing Stage 2 businesses to reopen and making face coverings required, with some exceptions.

Mendocino County’s Attestation has been accepted. Mono County’s Attestation has been accepted. They have an amended short-term rental order which clarifies that the State Order on this topic is to be followed.

Napa County’s Attestation has been accepted. The only update is the expansion of business openings. Sacramento County’s Attestation was accepted. They indicate that outdoor gatherings of no more than 10 people, observing social distancing, are allowed.

Solano County’s Attestation was accepted. They also updated the Exhibits B & C to their Order; these deal with social distancing protocol and allowable business openings. I added the link to the new Order.

San Mateo County has a new face covering order that I put in the face covering column. Stanislaus County’s Attestation was accepted. Tulare County has a new Order from 5/18 that I just found. It does not seem to change anything, other than stating that it will track to the State’s Orders. Yolo County’s Attestation was accepted.

SoCal Counties. No changes to report for SoCal counties.

County Chart. For a list of County restrictions and links to their orders, see an updated chart posted on the website. Thank you to readers for sending us information about their counties. If we missed anything, please contact us.




Thank you so much for your website, your newsletters, your act, and your selflessness in providing us with such important knowledge and information, simply because you are good people. You are greatly appreciated. -Stuart H.

Thank you for all the valuable information you provide. I thought this may be of interest: Guidance for Reopening Buildings after Prolonged Shutdown or Reduced Operation. -DeeDee G.

Good stuff. Thank you! -Patrick O.

Still laughing at your proposed vacation location. Thank you for your most informative newsletter and your wonderful sense of humor. -Sue P.

Black humor Adrian!! Keep it up. ;-) -Skip D.

Enjoy your Wuhan vacation break, have a bat for me!! Enjoy and will miss your daily briefings. -Larry D.


Always grateful for your advice and humor. -Guy T.

I’ve been reading your newsletter for years and it’s always packed with useful information and sly humor. -Louis S.

My goodness!! Your response about vacationing at Wuhan was hilarious. I was drinking coffee and I couldn’t stop laughing — worst combination haha! -Maria R.

We thought we escaped to Iowa for a few days to attend to some family matters there. We reserved our hotel weeks in advance at Storm Lake. We went to check in, but were unable to because we were from California. Imagine that . . . Iowa not accepting Californians. We steamed and schemed in the parking lot awhile, then were provided quarters in an old bunkhouse at the in-laws' farm. -Bill L.

Adrian, On your way back from Wuhan, could you please bring us some bat wings, with sauce? -M.S.

Adrian, I will loan you my mask for your trip to Wuhan. I've worn it for two months and have not caught the virus, so it must be a good one. -Neal

You call 2 weeks in Wuhan China a vacation? Stay safe. -Arnold

Dear-dear Adrian, I deeply admire your level of dedication, good man. You have not only graciously stepped up your level of commitment to your readership by sending DAILY email updates, but you also are now taking yet further steps to help all those around you by vacationing in Wuhan, China. I cannot thank you enough. Just don’t forget to bring that extra suitcase for vials of the COVID-19 antibodies. -Donald M.



Boards can contact us for friendly,
professional advice.


Adrian J. Adams, Esq.
Founder & Managing Partner
ADAMS|STIRLING PLC

DISCLAIMER. Our newsletter provides commentary based on sketchy information we receive from readers. From time to time, we add a little humor. Some find it amusing. Others are appalled. Some readers are excited when they score free legal advice. Not so. Our newsletter provides commentary only, not legal advice. You need to pay real money for an attorney to review all the facts and give you a legal opinion. We do that too, but you have to actually hire us. It's okay, we're friendly. You can call us. Keep in mind we are corporate counsel to associations only.

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