In an attempt to get clarification for our members, attached is the chain of emails between the Pinnacle Property Management, concerning the Board’s decision to “not” open the pool for 2021.
From: D K
Date: June 19, 2021 at 8:22:29 AM EDT
To: “Jeffrey T. Dyer”
Cc: Joan Raspantini
Subject: RE: Burnt Tavern Manor Pool information
I appreciate the clarification. The initial letter made it sound like a lawsuit was already in place and possible other aspects involved. And with the board’s lack of transparency and deceptive history, we have to question everything.
Due to a great many owners concerned for the reasons mentioned, I will relay your reply to them.
From: Jeffrey T. Dyer
Sent: Wednesday, June 16, 2021 3:28 PM
To: D K
Subject: FW: Burnt Tavern Manor Pool information
You can go on the state website and it will list the laws that were in place at the beginning of the spring. You can also check the law in place for 2020 and it was the same this spring when the decision was made upon the advice of the Associations lawyer to stay closed. The state website will list the laws that were in place at the beginning of the season concerning pools or any business location.
I cannot answer for the past. We work with many Condominium Law Firms and not one in the entire state recommended to open pools because of the legal exposure. The lawyer for the Association recommended to the Board to keep the pool closed. The exposure is that if anyone sues the Association the Insurance Companies do not cover the defense of the lawsuit or if there is any judgement. The issue is someone can say they either got COVID at the pool or the Association was negligent in not cleaning according to the state law. The result is the Association would be paying out of pocket and that would result in thousands of dollars in legal fees.
I hope this helps in clarifying the issue. We will be asking for volunteers to open the pool next year to defer costs, if you would like to throw your name in the hat.
From: D K
Sent: Tuesday, June 15, 2021 1:16 PM
To: Joan Raspantini
Subject: Re: Burnt Tavern Manor Pool information
Just following up on this. I hadn’t seen anything so figured you got busy.
On Jun 4, 2021, at 10:19 PM, D K wrote:
This seems really unclear to me.
- What are the preliminary state laws being referred to? The board has ignored many state laws, so what is the laws being referenced?
- What lawsuit are you referring to? The board hasn’t shown a concern for lawsuit previously, why now?
3) Please send a copy of the meeting minutes when this was decided by the board.
On Fri, Jun 4, 2021 at 3:03 PM Joan Raspantini <email@example.com> wrote: Dear Owners and Tenants,
The pool will not be opening this summer at Burnt Tavern Manor due to several circumstances as listed below:
1) The Board decided to close the pool based on all of the preliminary laws by the state.
2) The legal liability is still the same and the Association does not have the money to defend a lawsuit.
a. The lawsuit would have to be paid through an assessment of the owners.
3) The pool companies are overwhelmed and the pool legally could not be open for a couple months at best.
a. Town inspections, electrical inspections, and County inspections.
b. A committee would have to be formed to open the pool by the state regulations.
4) The cost to open the pool would be prohibitive at this time for a short period of time.
a. Cleaning and availability of the clubhouse bathrooms.
I know this is disappointing news for many residents. We look forward to a healthy and safe summer for everyone and we welcome anyone interested in being part of a pool committee for next season.
Pinnacle Property Management