Recreation Board Message

To Palm Greens Residents

STATUS OF PALM GREENS RECREATION ASSOCIATION FACILITY RE-OPENINGS

 July 1, 2020

As many Palm Greens residents are aware, on June 14 the Recreation Association Board of Directors promulgated Rules and Requirements for the Recreation Association’s reopening of its tennis courts and pool.  We indicated at that time that the Board had not yet established precise dates for a re-opening and that a decision in that regard would turn on the status of the coronavirus in Palm Beach County.

The Board hoped to re-open the Association’s tennis courts and pool prior to the July Fourth holiday.  Recreation Association staff were directed to prepare the facilities for a July 3, opening, and those arrangements are nearly completed.   The Board also discussed and agreed to adjustments to the Rules and Requirements, again in anticipation of a July 3 opening.  The revised Rules and Requirements are posted in conjunction with this announcement. [1]

Unfortunately, the reopening of our facilities has now been put on hold in light of the ongoing, serious spike in the transmission of the Covid-19 virus and the very real prospect of community spread.   Simply put the benefit of reopening does not, in the Board’s judgment, outweigh the current risk to the Palm Greens community and staff.

It is our hope that the steps that are now being taken by Palm Beach County and neighboring counties will serve to contain the spread of the virus and that the infection rate will plateau and begin to come down.  The Recreation Association Board of Directors will be closely monitoring the available data in that regard.

In the interim, the Board would like to assure year-round residents and Snow Birds whose departures have been delayed that the Board deeply regrets this postponement and that it remains committed to a prompt re-opening of our facilities as things improve.

Our preparations are in place for when that day comes and we would ask the residents to prepare as well by signing and returning the required waiver as soon as possible, and by ensuring that they have a current white, credit card style Palm Green Recreation Association ID.  We don’t want to turn anyone away at the door!

Waiver forms can be picked up and returned outside the entrance to the clubhouse.  The form can also be downloaded from the link at the end of this announcement.  Should a resident require a replacement ID he or she should contact the Recreation Association office at 561-498-5316.

The Recreation Association Board of Directors has received comments both in opposition to and support of how the Board intends to approach the re-opening of the Association’s facilities when the time comes.  We continue to believe that the interests of the Palm Greens community are best served by the Board’s decision to go slow and err on the side of caution as to the extent of our initial re-opening.

That being said, the Board wishes to emphasize that the Amended Rules and Requirements are intended to be a starting point and are not carved in stone.  The amenity schedules and reservation requirements can be adjusted based upon actual attendance.  And user cooperation and compliance with social distancing and other rules will be a key factor in the Board’s determinations as to whether the initial capacity and monitoring restrictions will be relaxed or eliminated.

Thank you once again for your cooperation, understanding, and most of all your patience.

[1] The revisions to the Rules and Requirements for the use of the tennis courts and pool include an increase in the number of available tennis courts in the morning sessions in conjunction with the elimination of the afternoon session when it is usually too hot to play;  the addition of a fourth pool session; and the addition of 2 pool exercise classes a week.

Questions, Comments and Answers with Respect to the Recreation

Association’s June 13, 2020 re-opening plan

June 23, 2020

The Recreation Association Board of Directors would like to thank those who have commented on the Association’s plan for the re-opening of our tennis courts and pool during the Covid-19 pandemic.  The Board is in the process of reviewing the terms of the re-opening plan in light of those comments, and adjustments may be made.

In the interim, the Board is providing the following answers to many of the questions and comments that have been received.

1. Who is responsible for deciding when and how the Palm Greens recreation facilities will be opened? Why isn’t this up to my Condo? 

The recreation facilities and property are owned and operated by an independent not-for-profit corporation known as the Palm Greens at Villa Del Ray Recreation Condominium Association, Inc.  The Recreation Association’s Board of Directors is responsible for deciding when and how the Association’s facilities will re-open.

Condos 1 & 2 each have 3 seats on the Recreation Association’s 6 member Board of Directors.

2. How has the Recreation Association been keeping Palm Greens residents up to date on the status of the closure of its facilities?

The Recreation Association’s Board of Directors:

• publishes its Covid-19 related announcements on the Recreation Association’s web site (palmgreens.org). A password is not required to access those announcements;
• posts an alert on Channel 63 when a Covid-19 announcement has been posted on the Recreation Association’s website;
• transmits copies of the Board’s announcements to Condos 1 and 2 which then circulate the announcements to their residents in various ways (Condo 1- email, Condo 2 -mailbox postings). [1]

3. How is the Recreation Association funded?

Condos 1 and 2 are required to pay for the operation of the Recreation Association in accordance with an annual budget which is established by the Recreation Association.Condos 1 and 2 then pass those expenses along to their unit owners (currently $59 per month per unit).

4. Since the Recreation facilities are closed, will the Recreation Association refund all or part of the $59 per month?

The Recreation Association may not issue assessment rebates to Condos 1 and 2 or those Condos unit owners:

• Section 2.2 of the Recreation Association’s Articles of Incorporation precludes the Recreation Association from making distributions of income to its members (Condos 1 and 2);
• Section 3.3 of the Recreation Association’s Articles of Incorporation requires that all funds that are not expended for the common expenses of the Association be held in trust for the members of the Association.

The Recreation Association anticipates that by year’s end the costs associated with the maintenance and operation of the Recreation Association will exceed the amounts that were budgeted for 2020, due to Covid-19 expenses and other unanticipated costs.  In the unlikely event that the Association should come in under budget in 2020, the surplus will be retained and applied towards the Association’s future expenses and/or its reserve fund.

5. What will happen if I withhold all or part of the $59 per month from my Condominium’s monthly maintenance charge?

That will not absolve your condominium of its obligation to pay its Recreation Association assessments.  And your condominium’s bylaws contain mechanisms for the collection of unpaid maintenance – you should contact your condominium for more information about that.

6. Other communities have opened tennis courts and pools, therefore the Palm Greens Recreation Association should do so too.

Some communities have opened and some have not.   The Recreation Association’s decisions as to when and to what extent it will open its facilities will be tailored to its own unique circumstances and will take into consideration COVID -19 trends and the interests of the entire Palm Greens community.

7. What sorts of user concerns did the Recreation Association Board of Directors take into consideration in connection with the formulation of its plan for the re-opening of the tennis courts and pool?

The Board had and continues to have extensive discussions with respect to what our re-opening plan should contain.

Virtually every one of the comments, concerns, and objections that the Board has now received were anticipated and discussed at length by the Board, prior to its adoption of the plan.

8. How could the Recreation Association Board of Directors discuss and adopt the plan without adhering to the open meeting provisions of Florida’s Condominium Act (Florida Article 718)?

The Recreation Association is not subject to or governed by the Florida Condominium Act.  It is organized pursuant to and governed by Florida’s Not-for-Profit Corporation Act – Florida Article 617. [2]

The Board acted in accordance with Article 617 and the Recreation Association’s by-laws in discussing and then adopting its re-opening plan by written consent, without a formal meeting.

9. Wouldn’t it have been better for the Board to have circulated a proposed plan first before it adopted its re-opening plan?

Our re-opening dates have not been established, and the terms of the plan are not carved in stone.  The Board welcomes comments and can amend the plan both before and after its implementation.

10. I don’t understand why the Recreation Association is concerned about tennis court and pool users getting the virus and why it needs to obtain insurance to cover the cost of defending Covid-19 lawsuit when the users will be required to sign waivers.

• Waivers of liability do not prevent the spread of the coronavirus between users and staff, and the re-transmission of the virus to nonusers.
• Lawsuits can be filed notwithstanding the existence of a waiver.

11. Why do we need to have a monitor at the pool and tennis courts?

The Recreation Association Board is requiring a monitor in order to better ensure resident compliance with CDC guidelines and state and local requirements which are designed to protect against the spread of the coronavirus.

12. Why is the Board planning to hire a paid monitor in lieu of using existing recreation staff or resident volunteers?

• Recreation Association staff have other duties to perform;

• there have been past incidents where rule violators have ignored the directions of Recreation Association staff, and the directions of volunteers are even more likely to be disregarded;

• volunteers would be less likely to report violations by friends and neighbors;

• Should there be a lack of compliance with the rules, enforcement could very well lead to hard feelings and animosity, particularly if a resident is directed to leave the facility – The Recreation Association does not wish to put its permanent staff, facility users and resident volunteers in that position.

13. Why is the Board worried about the additional un-budgeted Covid-19 expenses that the Recreation Association will incur should it reopen the tennis courts and pool? Doesn’t the Recreation Association have a reserve fund that can be used to cover those expenses?

• The Recreation Association’s reserve fund is already being tapped to cover the cost of non-routine major repairs to the Association’s aging facilities while it awaits 13^th Floor’s completion of the new clubhouse.  That has served to avoid the need for annual increases in Recreation Association assessments.

• Thousands of dollars have already been spent on unbudgeted Covid-19 expenses.

• Since the Recreation Association’s liability insurance does not cover communicable disease claims we need to ensure that we will have sufficient funds in reserve.

14. Why can’t 13^th Floor’s recent payment of $500,000 pursuant to the Development Agreement be used by the Recreation Association to cover its unbudgeted Covid-19 expenses?

The Recreation Association does not have access to those funds.  Per the Development Agreement, those funds were paid to Condos 1 and 2 ($250,000 each).

15. I want to play tennis doubles rather than singles. And I don’t understand why I should have to wear a mask while playing and bring my own tennis balls and mark them with my initials.

• The doubles vs singles issue is being revisited by the Board.

• The Tennis Rules and Requirements do not require residents to wear masks while playing.

• The ball rules are designed to preclude ball sharing in order to minimize the risk of the transmission of Covid-19.

16. Can the pool hours and sessions be expanded and opened up to more users?

I: –   

work full time / prefer to swim in the evening.–    have a medical condition and need more than 45 minutes of pool exercise.–   enjoy hanging out at the pool.–   would like a separate session for the exercise class.

–   don’t believe that it is necessary to limit pool reservations to two sessions per week in order to accommodate everyone.

The pool schedule and reservation system are being revisited by the Board in light of the concerns that have been expressed.

17. How can I contact the Recreation Association?

The Recreation Association Office is located in the Clubhouse Lobby next to the Ballroom.  Visits are by appointment only while the Clubhouse is closed. The office can be contacted by phone, email and postal mail at:

phone: 561-498-5316
email: recreationassociation@palmgreens.org
address: Palm Greens Recreation Association
5801 Via Delray
Delray Beach, FL 33484

[1] The Recreation Association does not have email addresses on file for the majority of the current residents of Palm Greens, and Condos 1 and 2 are not permitted to share that information with the Recreation Association without the residents’ consent.

Condos 1 and 2 have agreed to work with the Recreation Association on securing the necessary resident consents, and to provide the Recreation Association with updates as residents and their email addresses change so that Recreation Association will then have an accurate list of current email addresses.

[2]  A provision that granted the Association all of the powers set forth in the Condominium Act was eliminated from the Association’s Articles of Incorporation in 1991.

To Palm Greens Residents

STATUS OF PALM GREENS AMENITY RE-OPENINGS

June 14, 2020

The Recreation Association Board of Directors has been considering but has not yet established, precise dates for the re-opening of the Association’s pool and tennis courts. A decision in that regard will turn on the status of the coronavirus in Palm Beach County.

In the interim, the Board has adopted the attached “Rules and Requirements for the use of the Recreation Association’s Pool Area and Tennis Courts”. We urge residents to familiarize themselves with the rules and procedures that are contained in the attached document so that when the time comes our re-openings can proceed as smoothly as possible.

In addition to the rules and procedures that are set forth in the attachment, the Recreation Association Board intends to take the following steps when our facilities re-open to best ensure compliance with our rules and to address the absence of liability coverage with respect to potential communicable disease claims:

1.  An independent, paid monitor will be hired (estimated cost: $18 per hour);

2.  Legal gap insurance will be secured which would cover the cost of the Recreations Association’s need for legal representation should a COVID-19 claim be filed (estimated cost; $4,000 through the end of the year). The Board recognizes that there are other communities that have re-opened sooner, some with less restrictions. However, it remains to be seen whether those communities’ situations are analogous to ours, and whether the recent increase in the rate of infections will impact those decisions.

Either way, nothing like this has ever taken place before and the Recreation Association Board has decided to go slow and err on the side of caution, not only as to when we will reopen but also as to the extent of our initial re-opening. That will allow us to gauge user compliance, and evaluate whether our arrangements can and should be modified.

Thank you again for your patience, cooperation, and support.

To read the Rules and Requirements for the use of the Recreation Association’s Pool Area and Tennis Courts, please click button below

Palm Greens Recreation Condominium Association

Pool and tennis court closures – status update

May 30, 2020

 
The Recreation Association Board of Directors has extended the closure of the Palm Greens tennis courts and pool for two weeks.
 
We are concerned:

1. that the CDC has not lifted its “stay home if possible” guidance for seniors;

2. that the Palm Beach County infection rate has risen over the last 30 days;

3. that professional security will be required to ensure our residents’ compliance with social distancing mandates; and to implement and enforce the other arrangements and limitations on the use of the facilities that will be needed to guard against the transmission of the virus to users and Palm Greens staff (and non-users with whom they have contact)

4. that the Recreation Association’s liability insurance policy does not cover claims arising from the transmission of communicable diseases; and

5. that the entire Palm Greens community will bear the additional non-routine costs and risks that would be associated with the opening up of the tennis courts and/or the pool on a very limited basis for the benefit a relatively small number of residents.

The Recreation Association Board of Directors will revisit the closure issue on June 11, 2020.   In the interim, the Board will be discussing the restrictions that we could impose in connection with the use of the tennis courts and pool, whether those measures would be adequate and whether a special assessment would be needed.

We welcome resident input with respect to these issues and thank you all for your patience, understanding, and support during this difficult time.

Palm Greens Recreation Condominium Association

Pool and tennis court closures – status update

May 12, 2020

The past 2 months have been a difficult time for all concerned.

As many of our residents are aware, Miami Dade, Broward, and Palm Beach County are at the epicenter of the outbreak in Florida.  Accordingly, the Governor has exempted those counties from many of his statewide orders and allowed those counties to regulate the closure and re-opening of various facilities, including community pools and tennis courts.

Palm Beach County recently authorized the limited re-opening of community pools and tennis courts.  However, in order to reduce the risk of the virus’ transmission, the County’s order requires that the operators of those facilities “ensure” that social distancing, CDC guidelines, and various County imposed conditions on the use of such facilities are complied with.

User self-monitoring does not satisfy the County Order, and there is no doubt that incidents of non-compliance would significantly increase the risk for the further spread of the virus and endanger the wider community.

As you know, the Palm Greens pool and tennis courts are unstaffed.  Our budget makes no provision for the retention of monitors.  Many 55 and older communities in our area have declined to open their pools and tennis courts for at least the balance of this month, due to the lack of facility monitors and the risk that the virus poses to persons over the age of 60.

The Palm Greens Recreation Association Board has carefully considered whether we can and should re-open the pool and/or tennis courts, and if so when.  The Board has concluded that those will facilities should remain closed for now.  The Board will revisit this issue at the end of May.  We believe that this decision is in the best interests of the residents of Palm Greens and the wider community.

We realize that this decision will disappoint some and be met with relief by others.  Either way, we wish to thank each and every resident for your patience, cooperation, understanding, and support.

Palm Greens Recreation Condominium Association

5801 Via Delray

Delray Beach, FL 33484

561-498-5316

web site: PalmGreens.org

April 1, 2020

Dear Friends and Neighbors:

The Recreation Association Board of Directors and staff wish to thank everyone for their understanding, cooperation and support for the steps that the Recreation Association has taken to do its part in stemming the tide of the spread of the Corona Virus. We share your disappointment over the closure of our indoor and outdoor recreation facilities and regret that that was necessary.

 
This month’s Pulse article by Rec Board member Bob Heckman, which discusses all that the Recreation Association has to offer, was submitted for publication at the end of February, before Bob and the Board had any inkling of the gravity of the situation that we now face and the need to shut down our facilities. That being said, Bob’s article will serve as a reminder as to what we can look forward to once it is safe to resume normal operations. In the interim, our Recreation Association staff have been busy maintaining the facilities, sprucing things up, and working on various projects that are more easily done when our facilities are closed.
 
 As in past years, the April edition of the Pulse will be the last of the season, and the Pulse is not scheduled to resume publication until October, 2020. A copy of the April edition of the Pulse has been posted on the Recreation Association web site’s public home page, and can be read and/or downloaded from there: PalmGreens.org Important Recreation Association announcements will continue to be posted on Chanel 63, as well the Recreation Association’s web site: PalmGreens.org. In addition, should you have a question or concern you may contact the Recreation Association Office by phone at 561-498-5316.
 
 Again, we thank everyone for your understanding and cooperation and wish you the best during these difficult times.