Reopening without Tiers
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  California's Leader in Community Association Law June 16, 2021
REOPENING
WITHOUT TIERS

We are pleased to introduce a new educational venue for our readers. We are launching a series of "live" videos called the HOA VIDEO BULLETIN.

The Bulletin will cover a wide range of topics, such as breaking news, trends in the industry, legislation, case law, and more.

Our Video Bulletins will feature our attorneys and special guests. They will then be published the same day through this newsletter, our website, social media, and our YouTube channel: HOA Legal Issues.

Our first HOA Video Bulletin covers California's June 15 loosening of COVID restrictions. Our "Pandemic Edition" features Partners Adrian Adams, Laurie Poole, and Nathan McGuire discussing restrictions that still apply to associations.


  Watch: Reopening Without Tiers
 
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The Blueprint. On June 15, California moved “Beyond the Blueprint” with Governor Newsom issuing two new Executive Orders. The first, Order N‑07‑21, rescinds the March 19, 2020 Stay-at-Home Order and the May 4, 2020 Blueprint for a Safer Economy, which means that the colored tier system is no longer in place. It is important to note that local Health Officers can impose additional requirements, which some have already done.

The second, Order N‑8‑21, keeps specific provisions of certain prior Executive Orders. One such Order relaxes the physical location requirement for the Brown Act and the Bagley-Keene Act, which apply to public meetings. As before, the guidance is silent on HOA meetings.

Face Masks. The CDPH issued Face Covering Guidance which is intended to track CDC guidance. The Order requires:

• All persons must wear masks: on public transport; in K‑12 schools, day cares and youth settings; healthcare settings; State and local detention centers and correctional facilities; and homeless shelters, emergency shelters, and cooling centers.

• Unvaccinated persons are required to wear masks in indoor public settings and businesses.

• Where masks are required only for those unvaccinated, the business venue operator or host may:

  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.
RECOMMENDATION: Unfortunately, there are as many questions as there are answers. While associations may not technically be subject to the above requirements because they are not "public settings/businesses," boards should consider whether to implement rules to protect the health and safety of their members. Each scenario will be different. As more information becomes available, we will publish it.

 
Boards can contact us for friendly,
professional advice.


Adrian J. Adams, Esq.
Founder & Managing Partner
ADAMS|STIRLING PLC
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. Keep in mind we are corporate counsel to California associations only. Request a proposal to represent your association. It's okay, we're friendly.

PAST NEWSLETTERS. Readers can find current 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.

Our knowledge of the Davis-Stirling Act
runs deep.
2-MINUTE VIDEO LIBRARY
Adopting Rules
Governing Docs
Emergency Meetings
Virtual Meetings
Four Kinds of CIDs
Fiduciary Duties
Origin of Condo Laws
Conflicts of Interest
Reserve Borrowing

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offers growth opportunities and excellent benefits for attorneys. Call Adrian Adams at 800-464-2817
or send an email.

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Reprinted from
Davis-Stirling.com by ADAMS|STIRLING PLC