Announcements

As you have heard, effective June 15th, the State of California and Governor Newsom have confirmed that restrictions and protocols related to the pandemic have been lifted. This means that counties are no longer placed into “tiers” based upon their COVID-19 case rates and hospitalizations, and very limited mitigation measures are in place. Specifically, there are “no restrictions” for capacity or physical distancing, with respect to most venues. In other words, the association’s fitness center, clubhouse, swimming pool area, etc. may reopen fully, without limitations.

Diving Back In! How to Safely Reopen the Common Area Facilities

With Memorial Day quickly approaching, community boards and managers are feeling the pressure to reopen pool amenities as soon as possible. This begs the question, “how do we reopen the pool?”

SB 391 will allow for common interest developments throughout California to conduct meetings via teleconference during a state of emergency.

In this episode, Brittany A. Ketchum, Esq. was a guest on The HOA Show Podcast.

Beaumont Tashjian (BT) proudly congratulates Brittany A. Ketchum, Esq. on celebrating her 10-year anniversary with the firm. Brittany is an associate attorney with BT, where she provides general counsel services to the firm’s clients and manages the firm’s governing documents department. Brittany has significant experience providing legal opinions to the firm’s clients, as well as review and analysis of governing documents, interpretation, and recommendations to same.

As you likely know, COVID-19 cases are on the decline and, as a result, many counties are quickly moving through the State’s Red Tier and into the Orange Tier. The Red and Orange Tiers allow for lifting/relaxing of certain restrictions based on reduced infections, ongoing vaccinations throughout the county, etc. As the case has been throughout the pandemic, homeowners’ associations are not necessarily mentioned in State and county orders. So, what do the Red and Orange Tiers mean for common interest developments?

BT form partners, Jeffery A. Beaumont and Lisa A. Tashjian discuss successful rule enforcement during challenging times on The HOA Show, hosted by: Ryan Gesell, CIRMS, CMCA.

CLICK HERE TO LISTEN

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. 

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.
Read more . . .

It is no secret that the novel coronavirus (COVID-19) pandemic has thrusted our community into the throes of an unprecedented situation, forcing community leaders to make timely, sweeping, and in many cases, inconvenient decisions. 

On the heels of California Governor Gavin Newsom’s Executive Order N-33-20, which ordered all California residents to stay at home and practice safe social distancing to help “flatten the curve,” many managers and board members worked together to take immediate action and heed the directives of public health officials. This included effectively shutting down access to all association common facilities, such as fitness centers, parks, pools and spas, screening rooms, etc. 

As we have progressed through the pandemic and seen some state and local municipality officials suggest re-opening certain aspects of society to the public, community association residents may be taking note, wondering when their common area facilities will re-open as well. Re-opening facilities may be of particular concern, in light of the impending summer weather.