HOAleader.com - Tip of the Week - December 11, 2020
Published: Fri, 12/11/20
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No Vaccines? No Entry! Can Your Condo/HOA Demand Proof of COVID Vaccination?
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In this week's tip, we get you thinking about an issue that's likely to explode in the coming weeks and months—whether you can require homeowners, guests, or service providers to provide proof of a COVID vaccination to access your property or facilities.
The short answer is that your authority isn't clear. And even if you could impose such an order, it's got some challenges on the enforcement side.
This is an issue that's only just beginning to bubble up to our experts. “It has come up, and it's probably going to come up more and more as the next few months unfold,” reports John Richards, founder of Salt Lake City-based Richards Law, which represents at least 3,000 condo and planned-unit developments throughout Utah.
That's not the case for David Firmin, managing partner at Altitude Community Law PC in Lakewood, Colo., with satellite offices in Loveland, Colorado Springs, Durango, and Frisco. “My clients aren't asking me yet, though I'm sure it's coming,” he says. “I know there's been a lot of chatter about who can require what. And there was even an article in the Colorado Law Weekly recently about whether employers are able to require employees to get the vaccine before they come back to work.”
Perhaps this isn't yet on boards' radar because the issue is still murky. Also, many boards are still in the thick of dealing with COVID regulations due to the recent spike in cases. “I haven't gotten those questions yet,” notes Alessandra Stivelman, who is board certified in condo and planned development law and is a partner at Eisinger Law in Hollywood, Fla. “I'm still dealing with a lot of questions like, ‘Can we go back to restricting guests and nonessential workers from our property?' All the issues we dealt with in March and April are resurfacing.
“Also, because vaccines are going to be given only to certain people in the beginning, I think that's not something the board can determine at this point,” she adds. “I think it's premature to consider that issue. We'll have to see how things work out.”
Firmin thinks the issue will become front and center very soon, perhaps because of government efforts to contain the virus. Find out more, and why Richards thinks you may actually have some room to act on this front, in our new article:
https://www.hoaleader.com/members/4243.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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COVID Vaccines Are on the Way: Can Your Association Require Them?
Though COVID-19 vaccines aren't here in the United States just yet, and they won't be widely available for some time, the most vulnerable Americans and health care workers will soon begin to receive them. Your board members, like many other business leaders, are probably now wondering whether your condo or HOA association can, and should, require anybody to be vaccinated, whether that's your residents, guests to your facilities, or service providers.
Click here to read full article:
https://www.hoaleader.com/members/COVID-Vaccines-Are-on-Way-Can-Your-Association-Require-Them.cfm
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Chicago Condo Mulls $500 Mask Fine; Should You Follow Suit?
The Plaza on DeWitt, a 407-unit condo in Chicago's tony Streeterville, reportedly considered a rule requiring all residents and visitors two years old and up to wear masks in common areas. The kicker? Violators would get hit with a $500 fine, an amount that would double for each subsequent violation, according to WGN News.
Click here to read full article:
https://www.hoaleader.com/members/Chicago-Condo-Mulls-500-Mask-Fine-Should-You-Follow-Suit.cfm
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Condo Battles Over BLM Letters Owner Calls Art: Worth the Fight?
In this week's tip, we discuss the issue of how far you can and should go to regulate what homeowners hang in their home that's visible from the outside. The issue is trending because of the rise of Black Lives Matters and other movement signs not tied to any political candidate or election. Even now that the election is but a distant memory, you might still face sign challenges. That's why a new twist in Florida is worth discussing.
Click here to read full article:
https://www.hoaleader.com/public/Condo-Battles-Over-BLM-Letters-Owner-Calls-Art-Worth-Fight.cfm
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