QUESTION: We are a senior community. Our board is trying to plan ahead for reopening our facilities when restrictions are lifted. How do we deal with some people receiving the vaccine and others refusing? We hope to open our pool this summer. Can or should we restrict those who have not been vaccinated? –Barbara S.
ANSWER: This has been a topic of lively discussion in the legal community, with some attorneys in favor and others opposed.
Voluntary Policy: As restrictions are lifted, it’s unlikely the government will compel associations to require members show proof of vaccination to use their recreational facilities. That means adopting it as a policy will be entirely voluntary. It could add a layer of protection for members who refuse to be vaccinated. However, I see problems with it.
Potential Litigation: Excluding members from your facilities who lost their proof of vaccination, or refused vaccination for fear of allergic reactions, or refused on religious grounds, or choose not to disclose their medical status for privacy reasons, is an invitation for litigation. We don’t currently monitor and exclude members and guests who have not had vaccinations for polio, hepatitis, measles, chickenpox, smallpox, and annual flu shots — all of which can be deadly. I don’t like the idea of boards becoming vaccine police. Where and how will they store this medical information? I believe it creates additional legal exposure for associations.
RESPONSE: My recommendation is for boards to lift restrictions in accordance with applicable health department requirements. Those who want to take the additional step of prohibiting members who have not been vaccinated should seek the advice of legal counsel.
CDC GUIDELINES & VACCINATIONS: As of May 16th, according to the CDC guidelines, 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
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.