As Federal and local governmental guidance on COVID-19 continues to evolve, it is important for community associations to continue to adapt accordingly. On or around May 13, 2021, the CDC issued new Guidelines regarding masks, which generally provides that individuals who are vaccinated are not required (with certain limited exceptions) to wear masks indoors or outdoors. Furthermore, the law recently signed by Governor Ducey in Arizona provides that business may opt out of mask mandates, and may not be compelled or required by local rules to requires masks.
After taking all of the above into consideration, community associations now have three available options with regard to community gyms and other similar community amenities:
- Continue to require masks for all individuals using the gym (or other amenity);
- Completely drop the mask mandate so that nobody is required to wear masks, regardless of vaccination status (numerous gyms and other businesses throughout the Valley have completely dropped mask mandates); or
- Require non-vaccinated individuals to continue to wear masks.
Please note that in regard to (3) above, the Association is very likely not able to require vaccination as a condition of using the common elements; and, if the Association attempts to mandate masks for non-vaccinated individuals, it would be very difficult to enforce as the Association cannot require proof of vaccination. We encourage you to read our recent blog entitled HOAs/Condos FAQs: COVID19 & Vaccinations.
Ultimately, the Board needs to determine which option it feels is in the best interest of the community. Mulcahy Law Firm, P.C. will continue to monitor the government guidelines and we will keep you informed.
