QUESTION: We've had signs at the front door and lobby for several weeks indicating that face coverings are required in all common areas. Everyone has complied, except one recent arrival, a renter, who hasn't. We never see her masked. The situation is infuriating. What should be our first step? Are there actual civil penalties in place yet? –Joshua
RESPONSE: I doubt you can get police officers anywhere in the state to enter a condominium association and ticket someone for not wearing a mask.
Emergency Rules. Boards of directors, however, can fine someone for not wearing a mask. To do so, they must first adopt emergency rules requiring the wearing of masks in the common areas, limiting the number of people from different households on an elevator, etc.
Threat to Public Health. If a board determines that an immediate rule change is required to address an imminent threat to public health, it can adopt emergency rules without the usual 28-day waiting period. (Civ. Code §4360(d).)
RECOMMENDATION: The current wave of the coronavirus qualifies as an imminent threat to public health. The board should have legal counsel draft emergency rules, call an emergency meeting, and adopt them. The rules become effective upon notice to the membership.
AFTER THE HOLIDAYS
QUESTION: Given the higher risk that employees will be exposed to COVID-19 over the holidays, can the board require employees take a COVID test before returning to work from Thanksgiving, Christmas, and New Year’s Day?
RESPONSE: Pre-COVID, the thought of requiring an employee to take a medical exam before returning to work was unthinkable. Now, it has been expressly sanctioned.
Antigen Test. Employers can require an antigen test, not an antibody test. An antigen test determines whether the employee currently has COVID. An antibody test determines whether the employee had COVID in the past. Employers cannot require antibody tests because whether the employee previously had COVID is protected information.
Positive Test Quarantine. If an employee tests positive, the association does not necessarily have to quarantine all of its employees. It depends on whether the infected employee was in close contact (within 6 feet for more than 15 minutes) of other employees. Any employee who was in close contact with the infected employee should immediately be sent home to quarantine. If the employee does not develop symptoms and tests negative at least twice (with the tests being at least 24 hours apart), the board can allow the exposed employee to return to work.
Cluster Quarantine. If other employees were not in close contact with the infected employee, there is no need to quarantine all employees. However, if multiple employees become ill in a short period of time, this is considered a cluster, and all employees may need to be quarantined.
Thank you to employment law attorney Debbie Birndorf Zeiler for her assistance with this question.
ATTRACTING TALENT TO
The Foundation for Community Association Research (FCAR) launched a survey on attracting talent to the management profession and identifying the benefits and challenges of community managers.
The results of the survey will help management companies identify and attract talented individuals into this valuable and growing profession. The results will be published once the survey is completed.
The Foundation wants to hear from (i) managers and (ii) those who hire and/or manage managers. Please take a moment to contribute your feedback. -Adrian Adams
Laurie Poole #1. Congratulations to Laurie Poole [on becoming President-Elect of CAI’s College of Community Association Lawyers for 2021]! She will enjoy her role as President of such a prestigious legal community. The work CCAL does in preparing amicus briefs is outstanding. -Marilyn B.
Laurie Poole #2. I have, and still am, working with Laurie. She is great! –Wally G.
Balcony Inspection Companies. Readers sent in names of the following SB 326 (elevated structures) inspection companies:
1. A7 Group, Inc.
700 2nd Street Unit H
Encinitas, CA 92024
2. A.D. Magellan
701 Palomar Airport Rd. Suite 300
?Carlsbad, CA 92011
3. AWS Consultants
2030 E 4th St #208D
Santa Ana, CA 92705
4. Axis Consultants
2544 Barrington Court
Hayward, CA 94545
5. Bergeman Group
6. CL Sigler & Association
523 Charcot Ave, #203, San Jose 95131 (408) 922-0262
74820 Borro Dr., Palm Desert 92260 (760) 469-3048
7. Design Build Associates
5655 Lindero Canyon Road, Suite 321
Westlake Village, CA 91362
8. Focused Inspection Group
1999 S. Bascom Ave., Suite 700, Campbell 95008
333 City Blvd. West, Suite 1700, Orange 92868
9. Southern Cross Property Consultants
4045 Hancock St., Suite 240
San Diego 92110
Matthew Boomhower, AIA
10. Van Sande Structural Consultants
2920 De la Vina St.
Santa Barbara 93105
Carolle Van Sande, CSM
NEWSLETTERS. Readers can find current year and prior year newsletters posted here. Older newsletters are not posted since the information they contain can change over time with new statutes and case law. The website itself is kept updated with current information which can be found via the "Index" or through our website's internal "Google Search" feature. You can find it in the upper right corner of the website under our ADAMS|STIRLING logo.
Statewide Update. The following counties have updated their Tier: Mono (Red to Purple).
The state issued a new Regional Stay Home Order for regions with less than 15% ICU availability. The Order will remain in effect for at least 3 weeks after it is triggered. The Order prohibits gatherings of any size, requires 100% masking and physical distancing and would only allow travel for critical services.
The San Joaquin Valley and Southern California regions have been moved under this Order effective 12/6/20.
The following sectors must close: indoor and outdoor playgrounds; indoor recreational facilities; hair salons and barbershops; personal care services; museums, zoos, and aquariums; movie theaters; wineries; bars, breweries, and distilleries; family entertainment centers; cardrooms and satellite wagering; limited services; live audience sports; amusement parks.
The following modifications are in place in addition to masking and physical distancing: outdoor recreation allowed only without food, drink or alcohol sales and without overnight stays at campgrounds; indoor retail and shopping centers is limited to 20% capacity with entrance metering and no eating or drinking, with special hours for seniors and those with chronic conditions; hotels and lodging are allowed to open only for critical infrastructure support; restaurants are only allowed to remain open of take-out, delivery, or pick-up; offices must be remote only except for critical infrastructure; worship and political expression is outdoor only; entertainment and professional sports without live audiences.
The following may remain open when remote options are not available: critical infrastructure; schools that were already open for in-person; non-urgent medical and dental care; child care and pre-K.
The regions are as follows:
-Northern California: Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Shasta, Siskiyou, Tehama, Trinity
-Bay Area: Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma
-Greater Sacramento: Alpine, Amador, Butte, Colusa, El Dorado, Nevada, Placer, Plumas, Sacramento, Sierra, Sutter, Yolo, Yuba
-San Joaquin Valley: Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, Tuolumne
-Southern California: Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura
NorCal Counties. -Alameda County issued a December 4, 2020 Press Release indicating that certain Bay Area Health Officers are going to implement the State’s Regional Stay at Home Order. Alameda County will implement the State’s Regional Stay at Home Order effective December 7, 2020.
Calaveras County issued a November 28, 2020 Press Release regarding the move to the purple tier.
Contra Costa County issued a December 4, 2020 Press Release indicating that certain Bay Area Health Officers are going to implement the State’s Regional Stay at Home Order. Contra Costa County will implement the State’s Regional Stay at Home Order effective December 6, 2020.
Fresno County issued a December 5, 2020 Press Release regarding the Regional Stay at Home Order.
Lake County issued a November 28, 2020 Press Release regarding the switch to the purple tier.
Madera County issued a December 5, 2020 Press Release regarding the Regional Stay at Home Order.
Marin County issued a December 4, 2020 Press Release indicating that certain Bay Area Health Officers are going to implement the State’s Regional Stay at Home Order. Marin County will implement the State’s Regional Stay at Home Order effective December 8, 2020.
Mendocino County issued a November 29, 2020 Press Release urging compliance with State Orders.
Mono County moved to the Purple Tier and issued a December 1, 2020 Press Release regarding this change. The County issued a December 3, 2020 Press Release regarding updated guidance on restaurants, wineries and breweries.
Nevada County issued a December 3, 2020 Press Release regarding the State’s new Regional Stay at Home Order.
Sacramento County issued a new Health Order dated November 20, 2020.
San Francisco County issued a December 4, 2020 Press Release indicating that certain Bay Area Health Officers are going to implement the State’s Regional Stay at Home Order. San Francisco County will implement the State’s Regional Stay at Home Order effective December 6, 2020.
San Joaquin County issued a December 5, 2020 Press Release regarding the Regional Stay at Home Order.
San Mateo County issued a December 4, 2020 Press Release indicating that the County would not be observing the Regional Stay at Home Order like other Bay Area Counties until they are required to do so.
Santa Clara County issued a Mandatory Travel Directive that was updated on December 2, 2020. Santa Clara County issued a December 4, 2020 Press Release indicating that certain Bay Area Health Officers are going to implement the State’s Regional Stay at Home Order. Santa Clara County will implement the State’s Regional Stay at Home Order effective December 6, 2020.
Solano County issued a Quick Guide for Schools, a School Case Notification Form, and a School List of Close Contacts Form.
Stanislaus County issued a December 5, 2020 Press Release regarding the Regional Stay at Home Order.
Sutter County issued a December 4, 2020 Press Release regarding the Health Advisory effective December 7, 2020. The December 4, 2020 Health Advisory indicates steps that should be taken in anticipation of the move to the Regional Order.
Tuolumne County issued a December 5, 2020 Press Release regarding the Regional Stay at Home Order.
Yuba County issued a December 4, 2020 Press Release regarding the Health Advisory effective December 7, 2020. The December 4, 2020 Health Advisory indicates steps that should be taken in anticipation of the move to the Regional Order.
SoCal Counties. Imperial County has a new Order to comply with the Regional Stay at Home Order.
Los Angeles County prohibited outdoor dining for the next three weeks. It only allows take-out, drive thru and delivery services. Issued a temporary targeted safer at home order effective November 30 and expires on December 20, 2020.
Notable playgrounds are closed again, except for playgrounds located within a childcare center or school. Also the protocols for Association outdoor swimming pools temporarily changed until December 20th where outdoor pools may only be used for regulated lap swimming with one swimmer per lane. All other recreational swimming, swimming lessons, family swim is closed. Outdoor pool must be closed between 10:00 p.m. and 5:00 a.m. Indoor swimming pools remain closed.
Updated protocol for gyms as a result of temporary order – Outdoor gyms can remain open at 50% capacity. Must close between 10:00 p.m. and 5:00 a.m. All patrons and staff must wear face coverings at all times and cannot remove for strenuous exercise. Indoor gyms remain closed. Updated protocol for golf courses. Further, screening of employees and visitors to golf course should include whether the individual is currently under isolation or quarantine orders.
Also amended guidance for multifamily residences on 11/21/20 regarding transmission of covid-19 and what to do if you are sick.
The City of Los Angeles issued a temporary new order dated December 2, 2020 that prohibits private and public gatherings with someone outside of a household with exceptions. Also requests residents of the city to stay at home with various exceptions. It also changed its office protocols making it incredibly difficult to remain open.
Orange County issued an amended health order dated November 20, 2020 to align with its purple tier status and the State’s limited stay at home order. Further the order continues to require facial coverings when outside of the home pursuant to the State facial covering guidance.
Riverside County issued a vaccine flyer to show the three phases of vaccine distribution.
San Diego County amended its health order to comply with the State’s stay at home order. Further the order changed guidance on gatherings and face coverings to align with the State’s guidance.
Santa Barbara amended its face covering order to wear face coverings at all times outside of the home with various exceptions.
READING THE CHART. Because the chart is large and the text small, you can easily make it larger for viewing by holding down the "Ctrl" key on the left side of your keyboard and then using your finger to scroll forward or backwards with the wheel on your mouse. You will see the text grow larger or smaller as you move the wheel. For a list of county restrictions and links to health department orders, see County Chart 12-7-20. The chart is also posted on our website.
Boards can contact us for friendly,
Adrian J. Adams, Esq.
Founder & Managing Partner
DISCLAIMER. Our newsletter provides commentary based on sketchy information we receive from readers. From time to time, we add a little humor. Some find it amusing. Others are appalled. Some readers are excited when they score free legal advice. Not so. Our newsletter provides commentary only, not legal advice. You need to pay real money for an attorney to review all the facts and give you a legal opinion. We do that too, but you have to hire us. It's okay, we're friendly. Keep in mind we are corporate counsel to California associations only. Ask us for a proposal to represent your association.