Over the last month or so, with COVID vaccinations becoming more commonplace and governmental restrictions easing to some extent, Hoffman Law LLC clients have been inquiring about reopening pools, clubhouses and other amenities.  Below is a concise (though not exhaustive) summary of where we appear to be at this stage:

• Follow current CDC and PA Department of Health restrictions, recommendations and guidelines as it relates to [still] dealing with COVID – masks, social distancing, number of people, outdoor vs. indoor issues, cleaning, sanitizing, disinfecting, etc., and stay informed of potential changes.

• The Board must use due diligence, act reasonably and use proper business judgment in making decisions on reopening.

• There still appears to be no insurance coverage to Associations available for COVID-related claims.

• Legislative immunity for COVID-related claims (for Associations or otherwise) is not yet available in Pennsylvania.

• If it is determined that the risk outweighs the potential benefit and/or that the Association cannot adequately and safely handle the opening of pools, clubhouses and other amenities due to budgetary, staffing, logistical or other concerns, the Association should not open them.

If the Association determines that pools, clubhouses and other amenities can be adequately and safely opened given the current state of restrictions, recommendations and guidelines:

• At this stage, the Association cannot make vaccinations mandatory for the use of pools, clubhouses and other amenities, nor can the Association ask people if they have (or have not) been vaccinated due to privacy concerns.  Similarly, the Association should not “recommend” that people get vaccinated.

• Purchase and install “easel” or other appropriate signage for both indoor and outdoor use for the posting of specific instruction(s) related to safety, use and restrictions.

• Only Unit Owners and residents/tenants should be permitted to access – no outside guests at this stage.

• Advise Unit Owners and residents/tenants that if they feel sick, have a fever, or have other symptoms they should not utilize the facilities.

• Utilize a Google Calendar or other virtual tool for “signups” to limit maximum use per hour.

• If necessary, move/relocate/remove furniture to ensure proper distancing is occurring.

• Limit the number of users for facilities as required (i.e., one person at a time in the fitness room, etc.).

• Limit the hours of operation to ensure that proper and timely cleaning, sanitizing and disinfecting of pools, clubhouses and other amenities (including restrooms) can occur in accord with applicable restrictions, recommendations and guidelines.

• Ensure that hand sanitizer stations, wipes, sinks, soap dispensers, paper towels and other items are made readily available for people to utilize, as applicable.

• Manage expectations of the community as it relates to potentially opening some  amenities while keeping others closed.

• Communicate with the community before opening and continue to do so following opening to ensure the community is well-apprised of issues, concerns, restrictions and other issues.

• Have Unit Owners and residents/tenants execute an assumption of risk/release document prior to allowing use of any facility.

• If applicable restrictions, recommendations and guidelines change, and closing pools, clubhouses and other amenities that have already opened is required, facilitate the closure(s) quickly and properly and communicate to Unit Owners and residents/tenants.

Finally, remember that we are all still in this, and are in it together.   Feel free to contact Hoffman Law LLC as it relates to reopening or other issues your Association may be facing.

Edward Hoffman, Jr., CCAL

Hoffman Law LLC