Adams Stirling PLC
  California's Leader in Community Association Law June 17, 2021

As we noted in yesterday's Video Bulletin, Reopening without Tiers, all unvaccinated persons are required to wear masks in indoor public settings and businesses.

Does this apply to HOA clubhouses, pools, gyms, and board meetings? We don't know. As with everything else in the pandemic, Health Department mandates forget to address the issue.

We suspect associations are included in their mandate even though we don't fit the definition of "indoor public settings and businesses." At this point, the conservative approach is to assume we are included.

Where masks are required only for those who are unvaccinated, the California Department of Public Health allows the following options:
1. Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest to vaccination prior to entry;

2. Implement vaccine verification to determine whether individuals must wear a mask; or

3. Require all to wear masks.
We recommend the first option — signage that allows vaccinated individuals to self-attest to their vaccination. The picture above is a poster now being used by Albertson's Markets. The message under the mask states:
If you shop in our store without a mask, you are attesting to the fact that you are fully vaccinated.
To minimize risk, we recommend associations post similar signage in their indoor common areas. We will provide additional information as we learn more about the mandates.

Boards can contact us for friendly,
professional advice.

Adrian J. Adams, Esq.
Founder & Managing Partner
DISCLAIMER. Our newsletter provides commentary only, not legal advice. Boards need to retain an attorney to review all the facts and give a legal opinion. We serve as corporate counsel to California associations only. Request a proposal to represent your association.

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