Below are recent updates to federal, state, and municipal guidelines related to COVID-19 restrictions and reopening efforts for the State of Illinois and the City of Chicago.
Some of these updates may directly impact the residents and operations of condominium, homeowner, and townhome community associations.
Updates to Restore Illinois
In response to the coronavirus pandemic, the State of Illinois established a five-phased plan. Each phase of the “Restore Illinois” plan is characterized by specific benchmarks that address gatherings, travel, education, businesses, and more.
As vaccination rates have increased and infection numbers have declined, Illinois has entered a “bridge” towards the fifth and final phase of Restore Illinois.
As of May 14, 2021, the following updated statewide restrictions are in place:
- Health and Fitness
- 60% capacity
- Indoors – Group fitness classes 50 or fewer
- Outdoors – Group fitness classes 100 or fewer
- Recreation
- Indoors – lesser of 100 people of 50% capacity
- Outdoors – Maximum groups of 100, multiple groups are permissible
- Pools
- Indoors – 60% of facility capacity, with distanced groups
- Outdoors – Maximum groups of 100 bathers, multiple groups permissible with distances
- Ancillary accommodations (e.g., saunas, hot tubs, spas, whirlpools, and steam rooms) remain closed
- Social Events (ex. weddings, potlucks, other community events)
- Indoors – 250 people
- Outdoors – 500 people
- Offices
- 60% capacity
- Meetings, conferences, and conventions
- Lesser of 1000 people or 60% capacity
As noted in the “Bridge to Phase 5” guidance (https://www2.illinois.gov/IISNews/22961-A_Bridge_to_Phase_5.pdf):
- There is a 28-day monitoring period before the State of Illinois will advance to the fifth and final phase. At that time, all businesses can resume normal operations without restrictions or capacity limits.
- “While regulations are rolled back gradually, Illinoisans should continue following the public health guidelines that have kept us safe during the pandemic, like wearing a mask in public and social distancing.”
More information about swimming facility guidelines can be found here: https://www.dph.illinois.gov/covid19/community-guidance/swimming-facility-guidelines
Updates to Illinois Mask Mandate
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. Public transportation, health care facilities, and other specific settings will still require Illinois residents to wear masks.
This update to the state’s mask mandate falls in line with guidance by the Centers for Disease Control (CDC) announced on May 13, 2021.
More information about Illinois Executive Order 2021-10 can be found here: https://www2.illinois.gov/IISNews/23322-Bridge_Phase_Executive_Order.pdf
More details about the CDC announcement can be found here: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html
Updates to City of Chicago Reopening
The City of Chicago has updated their reopening “Bridge Phase” regulations to be in line with the State of Illinois’s new guidelines.
As of May 18, 2021, the following updated City of Chicago restrictions are in place:
- Health and Fitness
- 60% capacity
- Indoors – Group fitness classes 50 or fewer
- Outdoors – Group fitness classes 100 or fewer
- Recreation (customer-facing establishments primarily engaged in providing indoor and outdoor recreational services)
- Indoors – lesser of 100 people of 50% capacity
- Outdoors – Maximum groups of 100, multiple groups are permissible
- Pools
- Indoors – 60% of facility capacity, with distanced groups
- Outdoors – Maximum groups of 100 bathers, multiple groups permissible with distances
- Ancillary accommodations (e.g., saunas, hot tubs, spas, whirlpools, and steam rooms) remain closed
- Social Events (ex. weddings, potlucks, other community events)
- Indoors – 250 people
- Outdoors – 500 people
- Offices
- 60% capacity
- Meetings, conferences, and conventions
- Lesser of 1000 people or 60% capacity
- Short term rentals (short-term living accommodations, vacation rentals, and other homestays)
- Limit gatherings to vaccinated individuals or single households when possible
More details about the City of Chicago reopening guidelines can be found here: https://www.chicago.gov/content/dam/city/sites/covid/reopen-businesses-portal/guidelines/BeSafe.Capacity-Limitations-City-of-Chicago-Phase-4-Guidelines.pdf
More information about swimming facility guidelines can be found here: https://www.dph.illinois.gov/covid19/community-guidance/swimming-facility-guidelines
Legal Guidance
As noted in the latest Illinois Executive Order (2021-10): “For purposes of this Order, businesses covered by this Order include any for-profit, non-profit, or educational entity, regardless of the nature of the service, the function it performs, or its corporate or entity structure…any establishment may continue to require Social Distancing and masking for all employees and customers, regardless of vaccination status…”
Accordingly, Illinois community associations can maintain their face-covering rules in place at this time.
Our law firm has received an unprecedented number of questions regarding rules enforcement, assessment collection, and liability concerns during the current 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.
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. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.