5 minute read
COVID REDUX
Preparing for another wave of infections and round of restrictions.
By Kumar S. Raja, Esq.
- James Burke
Medical research suggests that new waves of COVID-19 infections are likely to occur, which could give rise to the possibility of additional restrictions within the next six months. The CDC’s Interim Public Health Recommendations for Fully Vaccinated People advises that “preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others” and recommends that fully vaccinated people should wear a mask in indoor settings if they are in [geographic] areas where there is a substantial or high rates of COVID-19 community transmission.
On July 28, 2021, one county in California reinstated indoor mask requirements regardless of vaccination status because of high community transmission of COVID-19. Many more have done so since that time, and many have imposed additional restrictions, including requiring vaccinations or negative COVID-19 test results before engaging in certain activities.
According to the CDC, “variants of SARS-CoV-2, the virus that causes COVID-19, are expected to continue to emerge. Some will emerge and disappear, and others will emerge and continue to spread and replace other variants.” Breakthrough infections in fully vaccinated people and vaccine hesitancy could mean that COVID-19 (and its variants) will exist for some time.
In March 2020, there was no playbook to manage California’s response to COVID-19. While there may have been some historical records related to the 1918 global epidemic for government, schools, businesses, and similar institutions, there weren’t any instructions for community associations, which did not exist at that time.
The purpose of this article is to address how community associations can prepare for the new waves of COVID-related infections and restrictions based upon the lessons learned from 2020.
SOURCING ACCURATE COVID-19 PUBLIC HEALTH UPDATES
Governmental authorities can and will impose stay-at-home orders at a moment’s notice for public health reasons. State and local authorities adopted restrictions and mandates, which applied directly and indirectly to common interest developments.
Many boards of directors and management professionals throughout the state scrambled to identify accurate sources of information in that regard. At the outset of the pandemic, many homeowners turned to social media (i.e. Facebook and Nextdoor) and news outlets to learn how their communities would be altered by evolving conditions. Some of those sources contained accurate information that was based on health policies while many others reported inaccuracies. As a result, confusion became prevalent at board meetings and during homeowner interactions.
Within a short time after the imposition of the original Stay-At-Home Order, the state and many regional counties and city governments published COVID-19 health restrictions on their websites. Those resources identified COVID-19 infection rates, included press releases from public health officers, and described the extent of closures within a particular geographic territory.
A critical lesson to remember while preparing for the next wave of restrictions is to recognize where to go to find accurate public health information – and why. The information on state, county, and city websites is more credible than the content available on the news or social media, because it is produced directly from the entities that are responsible for developing policies. The statements from public health officials are beneficial, because they could directly apply to community associations within a particular neighborhood (e.g. pool closures, pool occupancy, etc.). If not directly applicable, the guidelines could help boards develop safe practices for their individual communities (e.g. occupancy limitations for indoor meetings).
Staying informed regarding public health updates is just as important as knowing where to locate accurate information. Throughout the pandemic, the content of the state’s COVID-19 website changed over time. Among other changes, the state’s tier/classification system changed from the ‘Resilience Roadmap’ to the ‘Blueprint for a Safer Economy.’ When coupled with the fact that guidance evolves with new medical research, it may be a good idea to regularly monitor COVID developments by reviewing trusted public resources. HOAs may wish to consider forming COVID-19 committees, which would track COVID-19 developments and make recommendations to boards and management regarding current public health mandates.
WHAT CAN WE DO VS. WHAT SHOULD WE DO?
Permissible actions or amenity openings under public health orders do not necessarily mean that HOAs should open without restriction. In view of the original Stay-At-Home Order, community associations can now rely upon practical experience and prior COVID-related expenditures to drive decision making. During the first few months of the pandemic, management professionals experienced various levels of cooperation and upset with COVID restrictions. HOAs spent unbudgeted money to comply with COVID mandates (i.e. pool monitors, deep cleaning, etc.) due to pressure from homeowners to reopen.
With the benefit of hindsight, boards are now in a stronger position to balance homeowners’ desires along with the possibility of incurring COVID-related expenses that may become necessary with new restrictions.
IMPORTANCE OF MEMBER COMMUNICATION
In 2020, community managers throughout the state experienced a surge of complaints. Some communities experienced recall elections as homeowners challenged the decisions to open or close amenities. Community managers faced an uptick in emails, and homeowners felt emboldened to challenge directors during Zoom calls about COVID related issues. Communities that were transparent about their decision-making experienced relatively less opposition from their residents.
Developing proactive member communication plans can help reduce complaints. Effective ways to educate residents about potential risk while also protecting the community will continue to be important for new infections - waivers for amenity use, HOA signage at common entry points, and periodic status updates to the homeowners.
Why wait for the next round of possible COVID-related infections and restrictions to assemble a response plan? Management professionals can begin to prepare for the next possible wave of restrictions before they even occur. Plan ideas to consider include:
· Identifying the lessons learned during the original wave of restrictions by holding a roundtable with board members and vendors.
· Creating a dedicated file of COVID resources that include documents that reference past expenditures for COVID-related costs.
· Monitoring credible government resources to understand whether new restrictions have been or will be adopted by local health authorities and to identify recommended practices for maintaining a safe environment.
Unlike March 2020, community managers now possess a bank of resources and experiences to draw upon. Preparing for the next wave of infections and restrictions requires an appreciation of the past and an understanding that an effective response depends on proactive collaboration with your board and industry partners.
Kumar S. Raja, Esq.
Kumar S. Raja, Esq., is a senior associate at Beaumont Tashjian that specializes in litigation and general counsel. He has been in the industry for 11 years.
