Cypress Cove Spa-gate Continues

Interesting.  Cypress Cove board member Martin Troop said here:

"The information you received from Compass about the spa is incorrect. The board did not vote to permanently close the spa."

Yet, from the most recent Cypress Cove mailer (mailed March 3, 2005):

BOARD HAS CLOSED SPA
At the February Board meeting, a discussion ensued about conditions at the spa, involving the operating equipment and liabilty to the Association because outside individuals have trespassed onto the Association's common area to use the spa.  On multiple occasions, individuals have been observed climing over the fence that surrounds the spa.  The Board has great concern that someone may become seriously injured and sues the Association.  The Association carries liability insurance, however, there is always a question if there is enough coverage.  The Board has decided, under its fiduciary duty, to close the spa and seek assistance from legal counsel on presenting a ballot to the homeowners for a decision on keeping the spa open with changes to the location or to close the spa permanently.

The Board is working on assembling the costs to keep the spa open, including some sort of addition to enclose the spa or change the surrounding fence so that trespassers cannot gain access.  The are also going to present expected costs to close the spa becaue the excavated shell cannot remain in place and empty.  At the very least, the shell will have to be filled in.  Management is looking to find an architect to advise the board on the design options available, to both modify the spa fence and/or install a structure to enclose it, and costs to close the spa.  The Board will obtain estimated costs for both options presented to the homeowners so that homeowners can make an informed decision.

At this time, management does not expect the ballot will be mailed out to homeowners until June.  There is a lot of work to accomplish and the Board thanks homeowners for being patient.

So, the questions:

1)  Martin...um, well, let's just say it.  Were you lying before?  Or just splitting hairs (it's not closed "permanently," just indefinitely)?

2)  Any attorneys out there who might be able to weigh in on how much is enough to reasonably address the situation of an attractive nuisance?

3)  Was the spa really broken at all? (Up until this mailer, all indications were that the spa was closed due to mechanical issues, not liability concerns.)  Or were the mechanical issues a tactic to close the spa as a CYA move?

Cypress Cove residents...what are your thoughts?

Comments

[Jim Reed]

SOS....Save Our Spa.
Looks like the Board was not able to close the spa because of equipment failure, so now they are citing its "liability" (see your Cypress Cove Newletter). They say that "individuals have been observed climbing over the fence that surrounds the spa." Who saw them and why didn't they call the police? I know this WAS happening several years ago, but not in a very long time.

The Board states that , "someone may become seriously injured and sues the Association....The Association carries liability incurance, however, there is always a question if there is enough coverage." I wonder if the decrease in our PROPERTY VALUES is worth giving up such a wonderful amenity. Anyway, it seems to me that they are just looking for an excuse to close the spa, and everyone knows they have wanted to do this for some time.

Please help SAVE OUR SPA!!!!

[Lisa Stone]

There's one statement in the board statement above that gets my spidey senses tingling. Here it is:

"The Board has decided, under its fiduciary duty, to close the spa and seek assistance from legal counsel on presenting a ballot to the homeowners for a decision on keeping the spa open with changes to the location or to close the spa permanently."

If liability and trespass are the issues, why are the Cypress Cove board members noting the current location of the spa?

That leads to me an obvious question: Of the Cypress Cove board members listed at http://www.cypresscovetownhomes.org, which one(s) own units adjacent to the spa? If they do, are these board members putting their own interests above those of the Cypress Cove community and their property values? Is that ethical?

Where is the Half Moon Bay Review when you need them? Email managing editor Clay Lambert at clay-at-hmbreview.com

[resident]

Just got out of the spa! That thing is fantastic! What a great asset to have as a homewoner.