On Tuesday, June 15, California is lifting most, but not all, COVID restrictions. Associations can reopen their facilities but still need to follow applicable Health department directives.
Proof of Vaccination: Those who are fully vaccinated will be allowed to use the association’s gym and other facilities as they did before the State went into lockdown. Those who have not been vaccinated will be required to continue wearing masks in outdoor common areas where physical distancing cannot be maintained, as well as in indoor common areas. It means associations still need rules to comply with these requirements.
This, of course, creates a problem of monitoring who has been vaccinated and who has not. Posting a guard at the entrance of the clubhouse and gym and demanding proof of vaccination is not something I recommend. I prefer signage that the unvaccinated wear masks, and then rely on the honor system.
Sanitation Requirements: The State will continue to require sanitation standards be followed for pool areas, restrooms and gyms. Boards will need to review their County’s standards and decide whether they can meet them or not. That means some facilities might continue to be closed.
Liability Waivers: To reduce potential liability, more than a dozen states adopted COVID immunity legislation. Unfortunately, California did not. That means associations might consider the continued use of liability waivers until the pandemic is officially declared over.
Guests: Another consideration for boards: should they prohibit guests from using their facilities so as to maximize their availability for residents? What about trainers? Should they be allowed? Should they be required to sign hold-harmless agreements?
RECOMMENDATION: Even though the State is reopening, we are not yet at pre-pandemic levels. Because California has not adopted legislation protecting businesses (and associations) from COVID liability, and because insurance policies routinely exclude coverage related to communicable diseases, boards should consult legal counsel and decide how best to reopen their facilities without incurring liability.
CDC GUIDELINES & VACCINATIONS: According to the CDC guidelines, if you are fully vaccinated, you can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. As conditions are currently changing, visit the CDC for the most up to date guidelines: Click Here for CDC
Thank you to attorney Megan Hall for her contribution to this article. Megan has been tracking and reporting each week on the changing requirements related to COVID-19. For more knowledgeable information regarding the business of HOA’s, visit: The Davis-Stirling.com Newsletter
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.