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.
- 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.
- 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). 
- 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).
- 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.
- 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.
- 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.
- 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.
- 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. 
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.
- 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.
- 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.
- 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.
- 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.
- 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 13th 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.
- Why can’t 13th 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).
- 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.
- Can the pool hours and sessions be expanded and opened up to more users?
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.
- 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:
address: Palm Greens Recreation Association
5801 Via Delray
Delray Beach, FL 33484
 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.
 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.