The Board has been diligently working with Pools of Fun (vendor, warranty agent) and Merlin Industries (liner manufacturer) to process a warranty claim for a tear that was found in the shallow end of the pool in May. A written expert’s assessment was provided that the tear in the liner was due to seam separation when he was out to patch the liner. A photo of the tear was also provided. As the Board did not feel our warranty claim was being processed in a timely fashion, the Board consulted with our attorney. The attorney’s letter presented Pools of Fun with a historical timeline and asked for them to reimburse us for the liner.
Merlin Industries continues to state that they will not process the warranty claim based on the expert’s assessment and photo. As well, Pools of Fun rejected our request for reimbursement. In order to process our warranty claim, Merlin requested that the current patch be cut out and a larger patch put in or the entire liner removed and sent to them for inspection. The Board unanimously rejected this option due to concern that Merlin would be the sole decision maker as to whether the tear was on the seam or not and did not want a larger hole and a larger patch on our new liner. The Board is extremely dissatisfied with both Pools of Fun for not being our advocate and Merlin for not being willing to accept the evaluation of an industry expert. The Board has no intention of doing business with either company in the future.
To proceed further with legal action, the fees could potentially exceed the cost of replacing the liner. The repaired section of our liner has held the entire swimming season, and no further liner issues have been discovered. After evaluating all of the options, the Board has decided that the HOA’s most cost-effective alternative is not to pursue the warranty claim any further.