POOL FRUSTRATIONS
Condo residents are stewing while some boards delay the reopening of swimming amenities
One of the main reasons Patrick Cahill chose his Toronto condo was for its amenities — especially the pool. Since he moved to the building near York and Queens Quay in 2014, summertime has always meant a bustling pool deck filled with tenants and their guests.
But lively days in the water came to a halt in 2020 when the pandemic hit. The pool stayed closed all summer. Now, with the province reopening, Cahill is keen to dive back in, but his building isn’t showing the same level of eagerness.
He and a group of fellow residents started emailing the condo board in early June, as soon as the province announced it was approaching Step 2, with the hopes that a pool reopening plan was in place.
In Step 1, provincial guidelines were unclear, but outdoor condo pools were technically permitted to reopen so long as physical distancing was maintained and no more than 10 people used the amenity at the same time.
Given the low number of swimmers permitted, many buildings didn’t bother. With Ontario now is Step 2, pools can be operated with fewer restrictions — outdoor activities can include up to 25 people — though indoor pools must still remain closed.
According to Cahill, residents received an email in mid-june stating the amenity would open in Step 3, when additional restrictions would be lifted.
“They said the plan is to come, but that hasn’t been laid out to us yet,” Cahill says. “We’re all pretty curious to see what that’s going to look like.”
Condo residents across the city are finding themselves in a similar situation, waiting for the pools in their buildings to dust off their covers as life inches back towards normal. But the pool reopening process is no easy task for many condominiums or apartments as concerns around COVID-19 transmission remain at the forefront.
Ashley Winberg, a corporate lawyer at Elia Associates who specializes in condominium law, has been busy advising condo boards and corporations on how to reopen while keeping residents safe.
She guides clients through a lengthy list of best practices in keeping with public health rules while adhering to the Condominium Act, namely the provision that says corporations have a duty to ensure that activities happening in common areas aren’t likely to cause injury or harm.
“Arguably somebody could contract COVID-19, potentially, as a result of using a condominium pool or being in the vicinity of the outdoor pool, like on the pool deck,” Winberg says. “So we do recommend that our clients take additional precautions.”
First, Winberg advises condo corporations to create rules. Those include COVID-19 screening posters at the entrance of the pool, clear signage outlining pool rules, and the designating of a separate exit to keep the traffic flowing one way, guided by directional arrows marked out on the ground.
Controlling the number of people who can use the pool at one time is essential.
“We recommend that have a reservation system, so that each person using the pool area reserves a timeslot in advance,” Winberg says. “To ensure that everything is fair, we usually recommend that the reservation be for a maximum duration of no more than two consecutive hours.”
When reservations aren’t required, it’s advisable to have a sign-in log for contact-tracing purposes.
There also need to be safety precautions — like hand sanitizing stations, regular cleanings and reduced seating areas — which can add to maintenance costs.
Colin Furness, an infection control epidemiologist and assistant professor at the University of Toronto, says outdoor pools pose significantly less risk of COVID-19 transmission than indoor ones. The combination of open air and physical distancing makes enjoying a pool a relatively safe activity.
What’s more, Furness says, the chance of contracting COVID-19 from water is very unlikely. If a person who had COVID-19, for example, coughed in the water, the virus would quickly disperse.
“You’re talking about a small amount of virus in a very large chunk of water,” he says. “You really do need a minimum viral dose .”
His main concerns, however, come from unvaccinated kids getting too close to one another and making loud noises, like playful screams, as they enjoy the cool water. Furness also suggests people avoid using indoor communal change rooms whenever possible. Remaining outdoors while socializing is key.
Still, when the pandemic hit and emergency orders took effect, condo boards had the power to close amenities per the Condo Act, Winberg explains. The board now decides how and when amenities should reopen during COVID-19, so long as the decisions are in line with the province’s rules. This means owners and renters don’t have a say unless they are members of the board.
Naturally, not everyone is pleased, given a percentage of condo fees are meant to cover amenity upkeep and access. Winberg says some owners have called meetings with their condo board to address amenity reopenings.
What owners and renters don’t always realize is that condos aren’t necessarily saving money when amenities are closed, especially since cleaning costs have likely increased over the past year and a half. This is particularly true in high-rises, Winberg says.
But for renters like Cahill, the feeling of paying for something that isn’t currently available to residents is frustrating, which is exacerbated by the fact that they can’t do much about it. “You feel kind of powerless in the situation,” he says.
Cahill is hopeful that his building’s pool will open soon — perhaps as early as July 21 if Ontario stays in Step 2 for no more than its required minimum of three weeks — and that he will be able to once again enjoy the water with his friends. Cahill says he’s comfortable swimming in the pool with others as it’s an outdoor activity and the vaccine rollout has significantly ramped up.
As soon as he’s able, he’s hitting the pool deck. “I’ll be down there with my floaties,” he says.
PLAN IS TO COME, BUT THAT HASN’T BEEN LAID OUT TO US.