Homeowners from the Mill Valley North community are unhappy with the homeowners association (HOA) following its decision not to open the residential pool, pictured above, this season. Representatives from the property management company that operates the HOA said the pool was closed during the pandemic in accordance with government regulations and the advice of legal counsel. Residents argue, if the pool was closed, fees should have been used to operate the pool next year rather than filling it this season. (Journal-Tribune photo by Kevin Behrens)
Mill Valley homeowners say they are paying for a facility that isn’t opening
A group of Mill Valley North residents are attempting to oust their property management company, after the homeowners association elected not to open the community pool this season.
Matt Nageotte, a Mill Valley North resident, said more than 350 of his fellow homeowners have signed a petition to remove Borror, a Columbus-based company, as the development’s property managers.
He said he and several of his neighbors were prompted to distribute the petition – through emails, social media and door-to-door paper surveys – after Borror elected not to open the Mill Valley North pool.
Nageotte said the homeowners association (HOA) managed by Borror budgets $40,000 annually toward operating the pool.
He said he understands the difficulties that come with operating a pool during the COVID-19 pandemic and wouldn’t be upset if the Mill Valley pool couldn’t open for the 2020 season.
“We’re asking, either open the pool or shut it and save the money,” he said.
If the money is saved, Nageotte said it could be used to operate the pool next year.
Nageotte said Borror acted on neither of the proposed options, but filled the pool and paid the operating costs although it will not open this season.
“Why would you throw $40,000 away?” Nageotte asked.
Danielle Sugarman, Senior Vice President of Management and Development of Borror, provided a written statement on behalf of the Mill Valley North HOA.
The statement indicated the HOA made the decision not to open the Mill Valley North pool based on federal, state and local requirements, as well as consultation with legal counsel, insurance representatives, association management and vendors.
“The Board understands that there may be members who disagree with this tough decision; however, the Board did not make this decision lightly,” the statement read.
The statement did not address whether the pool is being filled this summer or how HOA finances will be affected as a result.
Nageotte said “residents were quite unhappy” with the decision. He said it took approximately two months before Sugarman responded to his attempts to contact various Borror representatives.
He said he was initially told by Borror representatives that the pool could not reopen because a Marysville city ordinance prevented private pools from opening during the pandemic.
“I found it quite alarming,” Nageotte said, because he spoke to his city council ward representative, Aaron Carpenter, who also resides in the neighborhood. He said Carpenter told him there was no such ordinance in place.
Marysville Events and Recreation Manager Amanda Morris said “anything pool-related” is regulated by the Ohio Department of Health and the Union County Health Department (UCHD), rather than the city.
“We have nothing to do with private – or public pools – for that matter,” Morris said.
UCHD Public Information Officer Jennifer Thrush said residential pools operated by a housing development or apartment complex are able to open during the COVID-19 pandemic, but must follow guidelines provided by the health department.
Thrush said those who operate the private pools may choose whether to open them this season based on their ability to abide by health department guidance.
Nageotte said he was later told by Borror representatives the pool had to be filled because the Mill Valley North HOA was already in contract with a pool management company.
He said Borror representatives would not disclose the name of the pool management company, which led him to believe Borror is operating the pool and “pocketing the money.”
“They’re essentially using the pandemic to gain a profit,” Nageotte said.
Sugarman said she could not comment on behalf of the HOA and would not disclose the name of the pool management company.
Nageotte said he believes Borror is taking advantage of Mill Valley North homeowners because construction is completed and they are no longer marketing the development to potential buyers.
He said he believes the pool for homeowners in the Delaware development The Reserve at Glenross, whose HOA is also operated by Borror, opened for the season in early July. He said he believes this pool opened because the development is still seeking new homeowners.
Sugarman would not confirm or deny whether the Glenross pool is open for the season.
Traci Whittaker, Public Information Officer for the Delaware General Health District, which regulates the operation of pools in Delaware County, said records indicate sanitarians haven’t inspected the Glenross community pool since last year.
However, she said “I’m not sure our sanitarians even know” whether the Glenross pool is open this season.
Nageotte said he and other residents who have signed the petition to remove Borror believe the property management company is intentionally making it difficult to access the HOA finances.
He said he requested Borror release the HOA finances and was told he could view a hard copy in the office. Nageotte said the offices are currently closed due to the pandemic.
Nageotte said residents have also asked for three resident representatives to be placed on the HOA board. He said he was told that could not immediately happen because the board is not meeting during the pandemic.
“There’s a bunch of shady business going on,” Nageotte said.
The statement provided by Sugarman did not address claims made by Nageotte. It indicated, “if things change,” the HOA Board will “reconsider the possibility of opening the swimming pool.”
The agenda for the City of Marysville Public Safety/Service Committee’s upcoming meeting lists “Mill Valley Pool Property” as an agenda item. The committee will meet at 6 p.m. Monday, July 13 in Veterans Auditorium, 233 W. Sixth Street.
A sign is posted outside the Mill Valley North residential pool advising residents that it is closed for the season. Residents are currently circulating a petition to remove the property management company that operates the homeowners association (HOA) as a result of the decision to close the pool to the public, despite using HOA fees to fill it this season. (Journal-Tribune photo by Kevin Behrens)