Catherine Datko California 0

Sierra Village Pool

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Petition to Open the Sierra Village Pools

On May 26, 2020, the Los Angeles County of Public Health stated that public pools in residential communities could open using established guidelines.

Several members of the Sierra Village Community emailed the HOA Board after this was announced asking to reopen our pools, but they never received responses.

However, on June 16th, 4 out of the 5 HOA Board Members voted to re-open the pools “as soon as possible.”

Only the current Board President, John Centofranchi, voted against it.

After the vote, Board Members Alice Delgado and Carry Collins approached Katie Datko (#66), former HOA Board Member, and asked for help drafting guidelines for reopening the pools. Katie Datko sent her draft to Board Member Frances Wrobbel on June 19th.

Two months later, our pools remain closed.

At the HOA Board Meeting in July, the HOA Board claimed they are convening a ‘pool committee’, yet there has been little communication with the community (committee makeup, etc.). Five community members were present at the indoor meeting stating their wish that our pools be opened and if not, that we receive a reduction in HOA fees.

One month later, our pools remain closed.

This petition is to call upon you, fellow members of the Sierra Village Community, to show your support for opening our shared common area immediately, as 4 members of the Board have already voted to open the pools. According to the California Association of Homeowners Associations, Inc:

“The president of the Board presides at all meeting of the Board of Directors. The president is ultimately responsible to see that order and resolutions of the Board of Directors are carried out.”

This has not happened. Our current Board president is the only person who voted against opening the pools, and stated in the July meeting that it is because he is worried that he will be personally liable should a community member contract COVID-19.

Despite the fact that the likelihood of contracting COVID-19 at the pool (as opposed to other common areas such as the mailboxes or dumpsters) is minimal according to the CDC, the Davis-Stirling Act also ensures that thepresident cannot be held personally liable for injury that has occurred on the premises.

Our pools, in short, are closed because one person on the Board fears litigation and refuses to abide by the Board vote at the June 16th meeting.

We, as homeowners, own the common areas. Our fees pay for their upkeep and maintenance. It is not the responsibility of the Board to restrict access unless that access is a County health mandate. The Board has a set of guidelines as requested for safe use of our pools.

It is a breach of contract on the part of the Board President to keep the pools closed. We, as members of the Sierra Village Community, demand that we have immediate access to the pools under the guidelines created in June.

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