SUMMER CONTRACTS AND COVID 19

We hope everyone is doing well and feeling healthy!

Normally, at this time of the year, residents and tenants would be in the early stages of preparing for summer fun. Pools usually open in less than two (2) months, on Memorial Day (May 25th this year). And Independence Day is a big day for summer festivities.

Delaying Summer Fun

Obviously, though, as the pandemic continues, the chances of pools opening on time dwindle. Many pools are unlikely to open at all. This will undoubtedly cause many residents and tenants to become disgruntled. After all, part of their assessments or rents goes toward providing these amenities. Depending on how government orders and safety precautions develop over the coming months, Management companies may face increasingly angered residents.

Evaporating Pool Contracts

In many cases, contracts with pool maintenance companies are already in place. Other contractors are pushing to get contracts signed now so they can prepare for the season. Communities and pool maintenance companies alike are seeking to preserve relationships, while making accommodations for likely reduction in service. We have been mediating some of these discussions and would like to share with you some of the parameters of these discussions.

Maintaining Pools Anyway

Pools require maintenance, even if no one can swim in them. If a pool isn’t “Summerized” and “Winterized,” additional problems may end up presenting themselves.

• Pools must be assessed for damage. Fixing damaged plaster now is better than waiting a year. Repairing lining over the summer is more effective than waiting for it to worsen over the year.
• Damage to a pool that remains unaddressed means that the pool will take longer to open later in the summer or next summer (depending on how long the current COVID‑19 crisis lasts).
• Unmaintained pools may end up becoming swampy. Insects and algae could end up contaminating the pool water over the summer. Expecting winter chemicals to last the summer is not realistic.

Options for Maintenance

If a community has already signed a pool maintenance contract, it should engage in conversation now to discuss adding an addendum or agreeing to an alteration. If a community has not yet signed a pool maintenance contract, it has more freedom to make alterations now.

What Should Your Community Do?

Griffin Alexander, P.C., can help. We have engaged in these discussions with a variety of pool contractors. We have found them to be understanding and accommodating, but the details need discussion. There must be a fee commensurate with early season treatment of the pool, maintenance through the pool season, and a proper closing of the pool at the end of the season. There should also be an hourly rate agreed upon for lifeguard services and the administration that kicks in if and when the pool opens or use by the community.

Griffin Alexander, P.C., can help draft these contracts or addenda. We can help you negotiate and make changes to your existing contracts. Our goal is to help our clients as they navigate through the murky waters of handling COVID‑19.

Stay strong, safe, and healthy,

Griffin Alexander, P.C.

The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances.  Each legal matter is unique, and prior results do not guarantee a similar outcome.

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For any questions about this blog, or to schedule a consultation with an attorney, contact Griffin Alexander, P.C. at 973-366-1188 or through our website here!