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By Executive Order entered May 12, 2020, Governor Brian Kemp removed outdoor swimming pools from the list of facilities prohibited from operating under his April 23, 2020 Executive Order. More recently, Governor Kemp issued a new Executive Order on May 28, subjecting community swimming pools to 21 mandatory measures imposed on all business establishments, non-profit corporations and organizations considered non-Critical Infrastructure with in-person operations.
Although swimming pools may now open in Georgia, the May 12 and May 28 Orders have left HOA and condominium association boards scrambling to know whether and how to open their community’s pool. Directors are in the position of a diver looking into murky and choppy waters and deciding whether to jump. HOA attorneys offer a response: Yes, you can jump, but should you?