- Community Associations, Legal Updates
- Indiana, Illinois
If you turn on the news or engage in any conversation, you likely won’t be able to avoid talking about the coronavirus, also referred to as COVID-19. There’s no shortage of conjecture about the global impact of the disease and whether a vaccine will be available in the near future.
According to Johns Hopkins Medicine, as of March 3, 2020, there are approximately 92,818 documented cases of the coronavirus of which only 118 are in the United States. In contrast, each year there are an estimated 1 billion documented cases of the flu of which 9.3 to 45 million of those cases affect people within the United States. Further, according to the Washington Post, to date, approximately 3,000 people have died globally from the coronavirus (many of whom are living in China) while as many as 46,000 Americans have died from the flu since this past October. Statistics show that an individual is significantly more likely to both contract, as well as die from, the flu as compared to the infamous coronavirus.
While it’s easy to panic, community association board members should encourage residents to remain rational about the actual impact of the virus. Moreover, boards should not allow mass hysteria to shut down the operation of the association. The coronavirus issue is such a moving target and there are not a lot of answers from a legal perspective – answers regarding preparedness need to be provided by the medical community.
That said, board members should do their best to ensure they are up-to-date on all information concerning the virus in order to implement proactive measures designed to mitigate the spread of the virus. Condominium, homeowner (HOA) and townhome associations should follow guidances issued by the Center for Disease Control/County Health Department with respect to preparedness to address outbreak. At this time, we have not seen any guidance specific to multi-unit buildings. The Center for Disease Control’s website is a reliable resource for information on COVID-19 and other viruses. It is continuously updated with recent developments, allowing users to track the spread of disease, understand the risks, and stay current about expert-recommended practices to keep themselves and their communities safe.
The following is a direct link to the Center for Disease Control’s webpage related to the coronavirus: https://www.cdc.gov/coronavirus/2019-ncov/index.html.
Along with encouraging residents to wash their hands frequently, stay hydrated, get adequate rest, and avoiding unnecessary contact with others, there are some steps the board can take to reduce the risks of transmitting the virus throughout the property. Amidst concerns about transmitting the coronavirus, below are some strategies board members should consider.
- Reducing the frequency of board meetings (especially if you typically meeting monthly or bimonthly basis).
- If available, the board may be able to hold its meetings via conference calls/video, or other electronic methods of communication. This allows board members to interact with one another in real time while simultaneously allowing owners to listen/observe.
- Consider postponing non-essential association gatherings.
- Encourage owners to vote in elections by proxy, or electronically, if the association has adopted appropriate rules.
Like the flu, there’s no absolute method (short of complete isolation) to prevent contracting the coronavirus. Nevertheless, it’s prudent to try to keep frequently touched common element surfaces, like door handles and elevator buttons, disinfected from time to time. Given the increased concern over the coronavirus, in the event the board learns that a resident at the association contracts the virus, it would certainly be prudent to advise the ownership of this, encourage them to contact their medical provider and to follow their medical provider’s advice.
If KSN can answer any legal questions for or assist your Board, do not hesitate to contact our law firm. Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2020 Kovitz Shifrin Nesbit, A Professional Corporation.
