If the spa is permanently closed, real estate professionals estimate the value of each unit will be devalued by at least $25,000. It is an expected amenity in the market segment Gateview competes in. The spa must be made VGBA compliant and returned to service.
Making the spa legal is straightforward; the drain guards must be made VGBA-compliant. Three of the four VGBA drain guards are available on a like-for-like basis. The out-of- production VGBA drain guard can be replaced with a drain guard of a different design that meets the same flow specifications. (The flow specifications are known to the HOA as they are molded onto the surface of the obsolete drain guard.)
The two architects, Ketki Shah A.I.A. and Michael Tolleson A.I.A., who attended the Saturday, March 13, 2026, “Candidates' Coffee,” publicly spoke and agreed that if the VGBA drain guard requirements are complied with, Alameda County's grandfathering policies would allow the reopening of the spa without updating to current standards.
Ms. Ketki Shah is an officer of the board, and under her watch, the spa problem festered for 2 years, contributing to the current crisis. Mr. Tolleson is running for the HOA Board and has pledged his support to the very group of people in leadership positions who created this deplorable situation.
The spa's closure must not become a political football.
The HOA Board must hire someone with experience and standing to deal with Alameda County authorities on building code interpretation, including grandfathering policies and their application to the spa.
In my opinion, the HOA Board's failure to fight to save the spa is a dereliction of duty to protect the owner's property value. Furthermore, in my view, it is a failure of the Board leadership to carry out its legally mandated fiduciary duty.
