As part of Restore Illinois, the state is entering the fifth and final phase of the opening plan on June 11, 2021. This decision is backed by a drop in COVID-19 cases, decreased hospitalizations, increased vaccinations, and other public health metrics.
Below are the changes to masks and capacity restrictions, including the impact on Illinois condominium, homeowner, and townhome associations.
Masks
Illinois Governor J.B. Pritzker signed an Executive Order (2021-10) on May 17, 2021 removing the mask-wearing requirement for fully vaccinated individuals in most settings. Chicago removed its multi-unit building mask mandate on May 18, 2021. These updates fell in line with guidance by the Centers for Disease Control (CDC) announced on May 13, 2021.
On June 11, 2021, Governor Pritzker signed a new Executive Order (2021-13) entering Illinois into Phase 5 and putting forth a number of changes.
- Fully vaccinated people can resume activities without wearing a mask except where required by federal, state, local, tribal, or territorial laws.
- Masks will be required on public transit (ex. bus, trains), schools, and in healthcare settings.
- Public health guidance recommends that individuals who are immunocompromised, unvaccinated, or not fully vaccinated should continue wearing masks in any crowded space.
- Wearing masks and social distancing is also recommended around anyone under 12 who are not yet eligible for vaccination.
Businesses and Events
The “new normal” will start to look like the “old normal”. Illinois Governor Pritzker described Phase 5 as meaning: “businesses, large-scale events, conventions, amusement parks, and seated-spectator venues, among others, will be able to operate at full capacity for the first time since the onset of the COVID-19 pandemic.”
As part of the Phase 5 guidance, capacity restrictions have been lifted on:
- Businesses, offices, retail spaces
- Restaurants
- Conventions, farmer’s markets, festivals
- Amusement parks, concerts, sporting events
- Museums, zoos
- Other large social events
Note: Venues can enforce stricter masking and capacity rules.
Community Associations
Phase 5 will revise masking restrictions and remove capacity limits for community association amenities including swimming pools, gyms, and meeting rooms.
Nonetheless, boards have the authority to maintain, ease, or eliminate face-covering rules within the common areas of Illinois community associations. Board members also have the ability to restrict or remove capacity limits within community amenities and common areas.
Legal Guidance
Our law firm has received an unprecedented number of questions regarding masking restrictions, rules enforcement, assessment collection, and liability concerns during the COVID-19 crisis. We certainly understand and empathize with boards, property managers, and owners alike.
KSN is aware of the board’s delicate balance between fulfilling the legal obligations to their association while assisting their fellow owners.
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.
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