President
Audio may be found at: www.scshca.com/podcast276
Below is a synopsis of this episode.
Good morning residents,
As we begin the opening process, the Board has been busy working on the best ways for us to meet the new opening guidelines. Because our insurance does not cover Covid-19 Claims, we first addressed the waiver issue.
Waivers:
As I explained in the past, the Board may require a waiver to use Common area facilities. Current rules only allow for waivers if using the fitness center or outdoor activities, but we need a waiver for all activities, so we need to implement emergency rules in order to make this happen. The Board’s concern as we open indoor activities for all the Clubs and Groups, is that we need waivers for everyone because we have no insurance against a Covid Claim. To protect the HOA against such a claim the Board has revised the waiver to include protection against such a Covid claim.
There was concern about the past waiver for these basic reasons:
- What if the HOA was responsible for the damages or injury? The past waiver gave no exception for this. The new waiver has language to remove this concern.
- There was no language in the old waiver to protect all Clubs and Groups of the HOA. The new waiver now has protection for all Clubs and Groups of the HOA.
- Responsibility for liability of guests by homeowner. Old waiver required homeowner to defend the HOA against lawsuits and to pay all court damages of their guests claims against the HOA. New waiver states if the guest signs a waiver the homeowner will not be responsible for the liability claims against the HOA for their guests.
Please keep in mind that according to the CC&R’s and By-laws homeowners are responsible for any property damage done by a guest. Homeowners are also responsible for any traffic violations committed by a guest. The waiver has nothing to do with these existing rules that are currently in place.
Why a waiver? Simply put waivers put in writing that residents and guests are responsible for their own actions and so they may not file a legal claim for damages. Without such waivers the HOA would be responsible for every accident and claim against the HOA. This would lead to increased claims, increased costs to insurance companies and eventually our rates would increase, or possible insurance companies would not insure us because the risk is too great.
Insurance is for the unexpected and not for the controllable daily acts. Insurance companies do not like businesses that are not proactive in controlling events to help reduce frivolous claims. This not only means taking actions to always ensure safety, but it also includes waivers to explain to residents in legal terms they are responsible for their own actions so they will not sue the HOA just because an accident occurred on HOA property.
The Board is trying to prevent the Association from being sued for frivolous claims. We want to protect all the assets of the HOA, which protects all residents, including their property values. Waivers help to ensure people understand they are responsible for their own actions and that there are risks to any activity. Each person must be responsible for those risks. Given we have no insurance against a Covid claim, it is imperative that we have signed waivers before a person uses the facilities so that we protect all the assets of the HOA. Residents need to take responsibility for any actions that occur because of Covid, only in this way can we protect the HOA from claims which could lead to a special assessment of every resident.
To put this in place right away so we can open facilities once the State gives us permission, the Board implemented two emergency rules:
- Informed Consent – Release and Waiver: All Residents and Guests eighteen (18) years of age or older (and the parent(s) and/or legal guardian(s) of Guests under eighteen (18) years of age) are required to sign an Informed Consent, Release and Waiver before using the common area facilities; the Association’s, Chartered Club’s, and Resident Group’s equipment; or participating in an Association sponsored activity.
- The HOA may implement the new waiver approved by the Board.
All residents and guests are now required to sign a waiver before using Common area facilities. By implementing this now the HOA can process the waivers of all residents so that each person will then be able to access the Clubhouses once we open. Hopefully, that will be within a couple of weeks.
Staff will be sending out the new waivers by tomorrow to each Club and Group. Please sign and get them back as soon as possible so that you are then able to participate in any activity as we open the facilities. The Board also recommends that if you have already signed the old waiver, you should sign the new waiver because the new waiver gives each resident more protection.
Opening Guidelines:
As a result of the new State Guidelines, the Board has implemented new guidelines for the opening of certain activities which are now allowed by the State and County.
Please understand that the exceptions are not always consistent. Some activities are open while others are not, for example, the gym may open indoors but the indoor pool is closed.
Indoor gatherings are now allowed for up to 3 households. This means your guests may stay overnight.
Gatherings: With the lifting of the Regional Stay at Home Order, new gathering rules are in place. Gatherings of up to 3 households are now allowed indoors or outdoors. This means residents and/or visitors from outside the HOA may visit your home.
Ice/Water Machines: Water and Ice Machines have been turned back on for outdoor use. Indoor water fountains are still off.
Masks: Masks are required for all indoor activities as we open. Masks are not required outdoors as long as 6’ social distancing can be maintained.
Waivers are required for all residents and guests before using facilities.
Guests: Guests are not allowed for indoor activities. Guests are allowed for outdoor activities. The one exception is guests are allowed at Shadows.
Guest on Streets: Guests are allowed to use the streets and North Channel area. Residents may walk with children, grandchildren, or friends on the streets and/or North Channel area. Visitors may bike on the streets and ride in golf carts but age restrictions on who can drive a golf cart still apply. Keep in mind the use of skateboards and scooters (or motorized skateboards and scooters) continues to be strictly prohibited within SCSHCA streets, parking lots and common areas.
Putting Course: Guests are allowed to use the Putting Course behind the Montecito Clubhouse. Reservations are not required for the Putting Course.
Library: The library is open for use from 9 am to 4 pm daily. It is limited to four people at a time. If someone is waiting time is limited to 15 minutes. This is for residents only, so guests are not allowed. Reservations are not required to use the library.
Golf: No changes, but water has been turned back on.
South Side Driving Range: The South Side of the driving range is still closed, although the putting and chipping areas remain open.
Indoor pool is still closed.
Santa Rosa Pool
- Reservations are strongly recommended to be sure there is space available. Because of occupancy limits it is not likely space will be available without a reservation.
- If no reservation, resident and/or guests must check in at the desk.
- Only Residents/guests with a reservation, or who have checked-in, may use the pool and or furniture and only during their reservation time.
- Patio Furniture to be returned to pool deck.
- Furniture must be cleaned at least once per day.
- Guests are allowed (during regular guest hours).
- Reservations for more than one person may be made by phone.
- Residents/guests may use the pool/furniture during their reservation time only.
- Beginning April 5, 2021, pool hours will be extended until 8 PM.
Montecito Outdoor Pool
- Reservations are strongly recommended to be sure there is space available. Because of occupancy limits it is not likely space will be available without a reservation.
- If no reservation, resident and/or guests must check in at the desk.
- Only Residents/guests with a reservation, or who have checked-in, may use the pool and or furniture and only during their reservation time.
- Patio Furniture to be returned to pool deck.
- Furniture must be cleaned at least once per day.
- Guests are allowed (during regular guest hours).
- Reservations for more than one person may be made by phone.
- Residents/guests may use the pool/furniture during their reservation time only.
- Beginning April 5, 2021, pool hours will be extended until 8 PM.
Pickleball/Tennis Courts/Bocce Courts
- Pre-pandemic reservation rules are in place.
- Reservations are recommended but not required.
- If no reservation, resident must check in at the desk.
- Guests are allowed (during regular guest hours).
- Guests are required to check in before play.
- Residents may extend their reservation if available when their reservation ends.
- All bocce courts will be open.
- All high touch areas will be cleaned at least once per day.
Santa Rosa Patio
- Seating area will be open.
- All furniture will be cleaned at least once per day.
Dog Parks:
- Reservations are not required.
- Water will be turned on.
- Water spigots will be cleaned at least once per day.
- Furniture will be returned to the dog parks.
- Furniture will be cleaned at least once per day.
- Masks required if social distancing cannot be maintained.
Fitness Centers
- Reservations are recommended but not required.
- If no reservation, resident must check in at the desk.
- Residents may use the fitness center for 55 minutes.
- Residents may extend their reservation if available when their reservation ends (must inform desk staff).
- All fitness equipment must be cleaned at least once per day.
- Beginning April 5, Fitness center hours will be extended until 8 PM.
- Guests are not allowed at this time.
- Residents, please clean each machine before and after use.
Capacity for the Gym: The new guidelines permit the opening of the gym with 10% capacity. Here are the operating procedures.
The gyms will be open, and reservations are strongly recommended given capacity limits:
- Montecito - 13 people
- Santa Rosa - 9 people
Face Masks and Social Distancing-Face Masks are required while indoors no matter what activity. Social distancing is always required.
Reservations-Each reservation will be for 55 minutes and you are limited to one reservation per day. You may stay after your reservation if space is available. Check with the desk after your first reservation time is up.
Arrival-You may arrive at your reservation time.
Departure-You must leave on time.
Temperature-Your temperature will be taken upon arrival. If it exceeds 100.0 you will not be permitted to enter or workout.
Waivers-You must sign a new waiver. The new waivers are required because of Covid. People using the online reservation system have already filled out the waiver, but residents that made a phone-in reservation need to sign the waiver. Please understand that it may take a few minutes to sign the waiver the first time you arrive.
Gym Hours Beginning 4/5/2021:
- Monday-Friday 6 AM - 8 PM
- Saturday/Sunday 7:30 AM - 8 PM
Special Note regarding small equipment-All small equipment has been removed. The County order makes cleaning of small, shared equipment difficult to manage so we have removed the equipment.
Restrictions-By County order-the following will not be available Indoors: Lockers, water, showers, gatherings, chairs, and tables.
Resident ID Cards: Resident ID cards will be required to use the gym. If you don’t have one, make an appointment with the HOA office for a new card.
No Guests for the gym at this time.
Fitness Classes: Fitness classes will be moved indoors at the Montecito Fitness Center and Santa Rosa Clubhouse. There will be a few outdoor classes in the next three weeks. Please contact the fitness department with any questions.
Shadows Re-opening for Indoor and Outdoor dining:
- Delivery will end on 3/31/21.
- Guests are allowed.
- Reservations are recommended but not required.
- 8 people per table maximum.
- No changing of tables even if a seat is available at another table.
- Reservations with the number of people may not change when you arrive at the restaurant.
- Temperatures will be checked upon entry and if temp exceeds 100.0 you may not enter.
- Masks required upon entering building.
- Masks required to walk to table.
- You may take your mask off once seated.
- You need a mask when leaving the table for any reason, including going to the restroom.
- Indoor Capacity is 24 people.
- Limited Menu-Not the same as before.
The Board wishes you a safe and healthy week as we slowly move to reopen activities here at Sun City Shadow Hills.
Kim Fuller
President