Our attorneys are advising clients on new COVID-19 related issues such as:
- Defining essential personnel
- Closing common area facilities
- Issues surrounding third-party vendors working on-site
- Maintenance of the common areas
- Conducting or delaying board meetings and annual meetings, and
- Anticipating any response to a resident being diagnosed with COVID-19
Many clients are asking, what are essential services that can be provided by others to the Association during the stay at home order?
There is no precise definition of essential persons, within an organization, in the Governor’s Order. We believe all services essential to maintaining the association’s assets and continuing the operation of the necessary services for residents would be classified as essential. For example, security or desk staff, accounting services, janitorial and building maintenance, day-to-day management, and advisors assisting in those services such as, accountants and lawyers. Depending upon the facts, services such as landscaping, and other contracted services could be viewed as essential.
We are also being asked whether owners need to pay assessments during the pandemic.
At the moment the answer is, yes. Owners need to be encouraged to pay assessments. Owners need to understand that their association is a non-profit organization and that all assessments go to operations of the community and protection of their assets. If an owner requests a payment plan, we recommend that you address those requests on a case by case basis, and that any payment plan agreement be reduced to writing. Please contact us if you need assistance with a payment plan.
Keywords: COVID-19, Coronavirus