HOAleader.com - Tip of the Week - May 8, 2020
Published: Fri, 05/08/20
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COVID-19: What Can and Should Condo/HOA Boards Disclose About Sick Residents?
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In this tip, we offer tips to prepare in the sad event that you find out a do that a resident has tested positive for COVID-19.
When you face this question, you face two conflicting challenges: The health and safety of your residents, plus at the same time, their privacy. There's no easy answer, though our experts offer much food for thought for you to use when you speak with your own community association lawyer on how to proceed.
"I've read every legal bulletin on this topic, and there are two schools of thought," explains Brad van Rooyen, founder and senior member of Tampa, Fla.-based HomeRiver Group and its national specialist for community association management and the president of Home Encounter.
"The first is that, yes, you should notify residents of a COVID-19-positive resident, and others have said no, for privacy reasons, you shouldn't," he says. "I think the best path is to follow the advice of your local health department. If they notify a building that someone has COVID-19, we'd be required as property managers to disseminate that information. Other than
that, I don't think the association has an obligation to notify residents, especially in a single-family home or townhouse community, when you have separate entrances for each of the units.
"I think the answer might be different for a multistory association, but we don't manage any of those," adds van Rooyen. "But generally, I think boards should follow health department guidance. If someone came to me and said, 'I was notified that so-and-so tested positive, yet they're still out and about, going to the mailboxes and stuff,' I'd be obligated to contact my
local department of health to ask for its guidance."
Why not just notify residents when you hear of or are informed of a resident with COVID-19? In a nutshell, that information isn't yours to share.
"I have privacy concerns that arise from disclosing to others the health status of a member," reports Joe Wloszek, a member at Hirzel Law in Farmington, Mich., which represents more than 100 community associations; he lived in a condo for seven years and now lives in an HOA. "I'd be very concerned about an association saying, 'This person tested positive; please exercise additional caution around them.'
"I'd also be concerned with even a general notice that says, 'Hey, we have someone here who has COVID-19,'" he adds. "I anticipate additional questions will always follow: Who is it? Where are they located? What common elements are they using? Are they leaving their home for any reason?"
Our experts offer suggestions to protect your community and the privacy of ill residents in our new article: https://www.hoaleader.com/members/4112.cfm.
Best regards,
Matt Humphrey
President
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Upcoming Event
COVID-19 and Your HOA, Version 4:
A Free Update for HOA and Condo Boards on How to Navigate and Prepare for Operational Challenges in Your Community from the Coronavirus
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Join us for a new, updated presentation, with four expert speakers and the latest information.
An Exclusive HOAleader.com Webinar with Practical Tips for Condo and HOA Boards
Thursday, May 14, 2020 -- next week!
2:00-3:30 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/covid-19-update-and-prepare-may-14.cfm
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Recent articles posted at HOAleader.com:
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COVID-19: How Condos/HOAs are Handling Dues and Collections
Our experts are getting lots of questions about whether boards can waive dues for suddenly unemployed homeowners, use reserves to help such homeowners, or take measures to ease to collections. We report what our experts are advising on the collections front.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-How-CondosHOAs-are-Handling-Dues-Collections.cfm
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The Coronavirus and Condos and HOAs: 8 Tips for Boards
Because condos are dense population centers and HOAs often have common facilities at which residents gather, it's important for board members to understand whether and how to respond to the risk of COVID-19. Our experts explain whether they're hearing concerns over the illness and offer eight tips on how to deal with this health challenge.
Click here to read full article:
https://www.hoaleader.com/members/Coronavirus-Condos-HOAs-8-Tips-for-Boards.cfm
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COVID-19: Should Your Condo/HOA Relax Any Rules? Which Ones?
We've seen news reports of health care workers and first responders asking their HOA if they can park an RV in their driveway--against the rules--as a place to stay to avoid risking transmission of COVID-19 to family members living inside the house.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-Should-Your-CondoHOA-Relax-Any-Rules-Which-Ones.cfm
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COVID-19: What Condo/HOA Boards Should Know About Virtual Meetings
It's only a little bit of an overstatement to say that the COVID-19 pandemic has forced the whole world to shift to online meetings. Your board is likely no different. Here, our experts explain what you should know now that your abrupt adoption of virtual meetings is underway, along with general dos and don'ts.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-What-CondoHOA-Boards-Should-Know-About-Virtual-Meetings.cfm
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COVID-19: Advice on the Challenging Financial Questions Condo/HOA Boards are Facing
In this tip, we offer suggestions on the questions many condo and HOA boards are asking when it comes to financial issues they're facing due to the pandemic: Can they waive dues for suddenly unemployed homeowners? Use reserves to help such homeowners? Take measures to ease collections?
Click here to read full article:
https://www.hoaleader.com/public/COVID19-Advice-on-Challenging-Financial-Questions-CondoHOA-Boards-are-Facing.cfm
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