CDPH Response: Counties Can Obtain State Approval to Permit Operation of Public PoolsDrew Hendricks
We are excited to inform you of a very positive development regarding swimming pools. As you may be aware, the website of the California Department of Public Health (CDPH) (https://covid19.ca.gov/roadmap-counties/) states that public pools (including HOA pools) “are not permitted to operate in the State of California at this time.” This has caused a conflict and tremendous confusion because various counties including Los Angeles, Riverside, and San Bernardino have been allowing HOA pools to open and operate in accordance with applicable county guidelines.
In an email dated June 2, 2020 (see below), CDPH Attorney Peter Sapunor confirmed to us that “individual counties can obtain the State’s approval to permit the operation of public pools, including HOA pools, during the current Phase Two of the pandemic response.” He also explained that if the State approves a county’s plan that addresses public pool operations, “then HOA pools within that county may be operated, subject to the conditions specified in the approved Attestation Plan.”
If you would like to open your pool and are in a county with such a State-approved plan, please make sure to adhere to all the conditions of that plan. If your county has not yet received State approval, please contact your County Health Department and encourage them to quickly do so. On our end, we are urging the CDPH to update its website to clearly reflect this new information.
Please do not hesitate to contact us with any questions. Community Legal Advisors Inc. is an essential business and is open to address all your HOA’s legal needs.
Michael Alti, Esq.
Community Legal Advisors Inc.