Supporting Community Associations During the Corona Virus Pandemic
The Covid-19 (Corona) Virus has created new challenges for community associations across the country. We must all prepare for what may take place in our associations during this difficult period. We are receiving communications from board members and managers asking what they can and should do to limit the impact of the Corona Virus in their associations. Since not all associations are the same, there isn’t a “one size fits all” legal recommendation that can be provided.
The health and welfare of our clients, managers, and associates are our highest priorities. We are community association lawyers, and are not health care practitioners. However, over the next few weeks and months, we highly recommend you consult the Centers for Disease Control website for up to date information on how to address the health concerns associated with the Corona Virus:
www.cdc.gov/coronavirus
. Please also continue to monitor the California Department of Public Health (CDPH) and its recommendations at:
www.cdph.ca.gov
. Your county health department may provide additional guidance.
Given the potential spread of the virus in the coming weeks, we have anticipated some of the likely impact on community associations and their continued operations and governance.
Legally, some of the most common issues and potential administrative problems that may arise in your association are the following:
- Consider whether your association can conduct Board Meetings telephonically, while following the requirements of the Davis-Stirling Common Interest Development Act and the Corporations Code. Using Skype, Zoom, or other video/audio conference communications to facilitate these meetings may allow remote participation by Directors and members.
- Evaluate whether your association can conduct Annual Meetings/ Elections telephonically, or whether you may legally be able to postpone the Meetings until the outbreak has ended. Consider using various conference video or phone technology. If your association uses professional inspectors of election, discuss their capabilities and availability to attend the meeting in person or to participate remotely by video.
- Establish and confirm who will be authorized to make decisions in the event some or all Board members are unable to act on behalf of the association.
- Consider and discuss with all vendors and contractors any potential disruption or problems with service, including management.
- Discuss whether your association can conduct committee meetings telephonically or via video conference.
- Consider cancelling or postponing all club, groups, functions, and reservations in clubhouse and meeting rooms.
- Consider closure of gyms, fitness centers, workout rooms, pools, spas, saunas and other facilities.
- If your association allows outside groups to use your facilities, evaluate whether those groups should continue to use the facilities.
- Increase frequency of maintenance personnel, and placing sanitizer dispensers in appropriate locations to facilitate frequent cleaning in hallways, elevators, counters, bathrooms and other commonly touched surfaces.
- Establish protocols for resident and board communication with management, including communicating with onsite staff and personnel by phone and email instead of in person visits.
- Review pending contracts for services and projects to determine whether there may be impact or disruption, and whether there is insurance coverage for delay or cancellation.
Our law firm is committed to working through these legal issues with community associations during this difficult time. Call us to discuss any legal concerns your association may have.
As events unfold, we will be providing additional information to you.
