Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding not wearing face mask in HOA common areas.
QUESTION: We’ve had signs at the front door and lobby for several weeks indicating that face coverings are required in all common areas. Everyone has complied, except one recent arrival, a renter, who hasn’t. We never see her masked. The situation is infuriating. What should be our first step? Are there actual civil penalties in place yet? –Joshua
RESPONSE: I doubt you can get police officers anywhere in the state to enter a condominium association and ticket someone for not wearing a mask.
Emergency Rules. Boards of directors, however, can fine someone for not wearing a mask. To do so, they must first adopt emergency rules requiring the wearing of masks in the common areas, limiting the number of people from different households on an elevator, etc.
Threat to Public Health. If a board determines that an immediate rule change is required to address an imminent threat to public health, it can adopt emergency rules without the usual 28-day waiting period. (Civ. Code §4360(d).).
RESPONSE: The current wave of the coronavirus qualifies as an imminent threat to public health. The board should have legal counsel draft emergency rules, call an emergency meeting, and adopt them. The rules become effective upon notice to the membership.
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.