ADDENDUM: In prior versions of the updated San Diego County Public Health Order, the County had contemplated making temperature screening mandatory for all essential business employees. However, in the latest Order released by San Diego County Public Health, essential business are not being required to implement such measures at this time. Golf courses will still be required to implement temperature screening measures as detailed further below. We will continue to make every effort possible to keep you updated with the latest information as it becomes available.

The San Diego County Public Health Order issued on April 30, 2020, extended the County’s stay home requirements “until further notice” to better align with the Governor’s California Executive Order. The County’s Order continues to prohibit all public or private “gatherings” and continues to require “social distancing” of at least six-feet between persons not of the same family or household. The Order defines a “gathering” as any convening that brings together more than one person, that are not members of a single family or household, in a room or indoor or outdoor space (e.g., board meetings should continue to be held via telephonic or video conference methods until further notice). A number of other modifications were made by this new Order as outlined further below.

FACE COVERING REQUIREMENTS

Beginning May 1, 2020, all persons in San Diego County, two years old or older must have a face covering with them when they leave their home and must wear a face covering whenever they are inside a business or within six feet of another person who is not a member of their family or household. Persons with a medical condition that prevents them from wearing a face covering will not be required to wear one.

An individual outside their home must have a face covering with them at all times but will not be required to wear the face covering when in a car by themselves, or when walking, jogging or exercising outdoors while maintaining at least six feet of distance from others.

This means individuals in San Diego County should have, and be ready to wear, a face covering whenever they leave their house.

ASSOCIATION POOLS

The County’s restrictions on shared association pools have been and continue to be relatively unclear. The County has not explicitly required shared association pools to close. However, private gatherings, (i.e., any convening that brings together more than one person) that are not members of a single family or household, in a room or indoor or outdoor space, are prohibited.

For guidance purposes, it is important to note that many cities have ordered their community pools closed until further notice, likely due to an inability to monitor social distancing requirements for pool goers and an inability (both physically and financially) to repeatedly disinfect and sanitize frequently touched surfaces (e.g., the coping around the pool, pool hand rails, and bathroom and shower components).

Like public community pools, associations will encounter these same difficulties should they choose to reopen their shared pools. We are also aware of at least one pool vendor who is strongly recommending that the association it services keep their community pools closed due to the above referenced concerns about disinfecting and sanitizing surfaces frequently enough to be effective in preventing the transmission of any virus.

Before deciding to reopen your association’s pool, your association should consider:

1. whether its residents will be able to comply with current social distancing requirement when at the pool (in other words, will your residents violate the County’s no gathering order), and
2. whether implementing proper disinfection protocols at the pool and for common surfaces is achievable or financially feasible.

If the answer is “no” to either of these questions, we recommend that your association keep its pools closed until further direction is given by the County and/or the State. Your association should also contact its pool vendor for its expert recommendation. Finally, your association should also confirm whether your city still has shared pool restrictions in place.

GOLF COURSES PERMITTED TO OPEN WITH RESTRICTIONS

The County has also permitted golf courses to be opened for limited use provided the owner and operator of the golf course has completed and fully implements the County’s Golf Course Physical Distancing & Safety Plan and has submitted the plan to the Public Health Officer at least two days before opening. This form can be found here.

Golf Courses must also:

• Perform temperature screenings of employees and customers (anyone with a temperature of 100 degrees or more may not enter the facility). Logs should be kept showing who had their temperature taken, when it was taken, who took the temperature, and what the temperature reading was.
• Prohibit the use of carts. Golfers may only walk the course.
• Prohibit all sit-down food service.

If your association owners or operates a golf course and you need assistance ensuring all forms have been completed and submitted properly before reopening, please contact your association’s legal counsel.

COMMUNITY PARKS AND RECREATIONAL BOATING

Public parks and recreation areas are also permitted to reopen in compliance with the County’s protocols. Members of a family or household are permitted to participate in active sports activities (e.g., soccer, throwing a baseball). Parking lots at parks may be opened at 50% capacity.

Recreational boating in bays, lakes and oceans is allowed provided all occupants of a boat are from the same household.

Keywords: COVID-19, Coronavirus