Beaumont Tashjian Law Blog

Monday, July 13, 2020

COVID-19: Fitness Center Closures Per Governor Newsom's July 13, 2020 Announcement

As of July 13, 2020, California Governor Gavin Newsom announced that all counties must close their indoor operations in the following sectors:

  • Dine-in restaurants;

  • Wineries and tasting rooms;

  • Movie theaters;

  • Family entertainment centers (e.g., bowling alleys, miniature golf, batting cages and arcades);

  • Zoos and museums; and

  • Cardrooms. 

Bars and pubs across all counties must also close, whether or not they are indoors or outdoors. What is more, counties on the State’s “County Monitoring List”, which include, among others, Los Angeles, Orange, San Bernardino, San Diego, Santa Barbara, Riverside and Ventura, must close the following facilities, unless they can be modified to operate outside:

  • Fitness centers;

  • Worship services;

  • Protests;

  • Offices for non-essential sectors;

  • Personal care services, like nail salons, body waxing and tattoo parlors;

  • Hair salons and barbershops; and

  • Malls. 

To the extent any of these facilities might apply to your homeowners’ association (for example, community fitness center), the State’s latest order does not specify one way or another. Boards and managers should consult with legal counsel regarding specific county orders, which might make that distinction. 
 
In any event, and taking the State’s latest Order at face value, it is recommended that community association leaders abide by same and close any such facilities at this time. However, associations that are reluctant to re-close popular common area facilities may determine that keeping them open under strict guidelines/reservation protocols which would mimic a private facility (i.e., a gym in a single-family household) is preferred.
 
Of course, there are many moving parts to this dynamic situation and boards should consult with legal counsel to determine how best to proceed, given the goals and unique needs of their communities. 


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