As of May 26, 2020, Los Angeles County has issued a revised Order, also referred to as a “Resilience Roadmap,” to safely reopening various facilities within the County, in conjunction with the State Health Officer’s Orders. Of significance to your community association are the following:
- People leaving their residences are still required to wear cloth face coverings;
- Recreational sites, such as fitness centers, children’s playgrounds and movie theaters, must still remain closed;
- All events and gatherings remain prohibited;
- Homeowners association pools may be opened;
- Outdoor recreation activities at parks, trails, beaches and other open spaces are permitted, subject to “Social (Physical) Distancing”;
- Shared outdoor facilities are permitted to be used, subject to Social (Physical) Distancing, such as tennis and pickleball courts, model airplane areas, community gardens, bike parks and equestrian centers.
With this said, “Social (Physical) Distancing” remains defined as: a) maintaining six (6)-feet of physical distance from individuals who are not members of the same household; b) frequently washing hands with soap and water for at least twenty (20) seconds, or using hand sanitizer that contains at least 60% alcohol; c) wearing a cloth face covering when in contact with others who do not live in the same household; and d) avoiding all physical interaction outside the household when sick with a fever or cough, except for necessary medical care.
Significantly, based on Los Angeles County’s most recent guidance, community association boards and managers may begin to implement plans for reopening certain common area facilities as described above, including pools. But note, boards should continue to consult with legal counsel and factor in the demographics of the community as well as the feasibility of ensuring Social (Physical) Distancing, prior to making any decision on reopening. Each type of common area facility will require different considerations, such as placement of appropriate signage, hand sanitizer dispensers and furniture/equipment, possible reservation protocols and procedures, and the like.
We strongly recommend that boards consult with legal counsel to identify how pools and other common area amenities can open while addressing the risk of liability claims to the association, board, and management. For instance, depending on the common area amenity, some boards should consider requiring residents to sign waivers, which outline that they understand the known and unanticipated risks associated with using common area facilities during this time (including the risk of transmission or infection of communicable viruses and diseases), posting and distributing a warning/disclaimer, similar to what many major corporations are using (including Disneyland).
If boards proceed with reopening common area amenities they should develop a plan, consult with legal counsel to manage the liability risk and adopt an emergency rule change. Boards should also work with legal counsel to review their association’s insurance policies to determine the scope of coverage for claims relating to transmission of communicable diseases. Remember, the pandemic presents significant risk of liability claims to many communities given most insurance policies contain exclusions for virus-related claims.