Once again, we would like to thank you for your patience as we navigate this very difficult situation together as a community. We, your Board of Directors, are volunteers who carry the fiduciary duty to protect all homeowners from exposure to liability and financial risk. We are in the difficult position of balancing governmental guidelines, costs, risks, safety considerations, vendor availability and your requests. We do not take any of these things lightly, and have been attending information sessions as well as seeking the counsel of our management company (Leland Management), our attorney and our insurance providers in an effort to make appropriate and thoughtful decisions on behalf of our community.

At this time, the Board has decided the pool and playgrounds will remain closed.

With this message, we hope to shed some light on the many factors and dependencies we are faced with. We respectfully request that you read this communication in its entirety to help you understand what is being considered and addressed on your behalf.

Operational Requirements – Cleaning, Capacity Limits and Social Distancing

As you likely know, Orange County is in Phase 1 reopening status, which allows the reopening of businesses, gyms, and other non-essential services. The CDC guidelines on cleaning and disinfecting and the social distancing requirements remain in effect at this time and are an integral part of Phase 1. Many of these guidelines and requirements are difficult even for businesses to meet, but they are exceptionally difficult for small, not-for-profit community Associations like ours.

We are aware that other communities have opened some or all their amenities. Other communities may also have received different advice from their legal counsel, or their volunteers may be more willing to accept risk. Other nearby communities may also have trained, on-site staff dedicated to the regular cleaning and sanitization of the amenities (e.g. continuously clean handles, sinks, chairs, slides, and things regularly touched by residents). Our Association does not. We are not currently positioned to comply with the Phase 1 requirements in this regard.

Additionally, without onsite staff or security, our Association will not be able to properly monitor usage in a manner that limits the number of people gathering in the Common Areas (i.e. pool area and playgrounds), ensure the users remain at an adequate distance and otherwise meet the CDC social distancing guidelines. We are simply not equipped to manage capacity limits or social distancing, and we can face fines from Orange County if these things are not properly enforced.

Efforts to Remediate Risk and Reopen Amenities

We want you to know that we have examined workarounds for these issues. Here are some examples and explanations to give you insights into our efforts.

As was explained in a previous communication, regarding access to the Association pool, we are aware that the CDC says there is no evidence that the virus that causes COVID-19 can spread directly to humans from water in pools. But in addition to managing the above requirements, reopening the pool area involves the disinfection of the chairs and tables as well as continuous cleaning of the restrooms and all high-touch surfaces. Furthermore, County and State Health Code require bathrooms to be available in order to operate a commercial pool, so simply removing the furniture and closing the restrooms is not an option.

A logical next step would be to acquire more cleaning services. We examined this, but our existing vendors are not available to clean at the frequencies the guidelines suggest. Contracting with other, new vendors to perform these tasks is not only expensive, but difficult as many are unable keep up with recommended cleaning frequency. We are making progress with one vendor and will continue to work on options to facilitate reopening safely.

If we are unable to maintain cleaning frequency, there is no reason to pursue hiring security or on-site staff for enforcement of capacity limits or social distancing. Again, these agencies face their own risks of liability and employee safety, so we expect difficulty in obtaining a contract for these services as well. If capacity and distancing guidelines are relaxed, it is possible we may be able to go forward without enforcement staff, but it will be heavily dependent on you, our residents, to act in accordance with posted rules.

Another challenge that is driving the focus on limiting risk is that we have been informed by our insurance carrier that we are not covered for any COVID-related claims. Should a lawsuit or other issue arise, we are solely responsible for all costs, including attorney fees for dealing with said issue. Fighting even a frivolous lawsuit could bring thousands of dollars of expenses to the Association. All of us as homeowners are the ones responsible to pay those costs.

Bottom Line

To ensure we are receiving well-rounded advice, the Board president has not only been in regular contact with our Association’s attorney, but he has also attended HOA COVID handling training sessions with three different organizations. All are providing the same advice, and that is Homeowners’ Associations have a duty to protect their residents from reasonably foreseeable harm. One of the most effective ways of protecting the residents while minimizing the Association’s risk of liability exposure in the connection with COVID-19 is to keep the amenities closed in the short term. The closures, while unpopular, are intended to protect the health, safety and welfare of the residents, and to limit the Association’s liability.

Therefore, as it stands today, the decision remains to keep the amenities closed during Phase 1.

Next Steps – Reopening Strategy

To prepare for reopening, the Mabel Bridge HOA Board officers have been actively creating a reopening strategy. A proposal will soon be presented to the Association’s attorney and Leland Management for their feedback and guidance. When the plan is agreed upon and governmental guidelines allow, amenities will likely be opened in phases and with limited accommodations, reduced occupancy maximums and limited hours.

We will continue to monitor the ever-changing situation and the expert opinions provided to us. The next status update will be provided on or around Friday, June 5th, or sooner should there be any changes in the State or County Executive Orders.

Personal Note

We know that many people are unhappy that the amenities are closed. We know that many people are scared and frustrated by the COVID situation as a whole. We get it. We are, too.

Through all of this, we hope you can remember that we are your neighbors. We care very much about our community and that is why we volunteered to carry the weight of these responsibilities on behalf of every homeowner in Mabel Bridge. We are acting in accordance with expert guidance and doing what we think is best to protect the community.

Thank you.

Mabel Bridge Board of Directors