How The Travel Advisory Affects HOAs & COAs

The nationwide spike in the novel coronavirus (COVID-19) has not left Kentucky unaffected. On Sunday, July 19, the state saw its largest spike in cases since mid-March. In an effort to avoid the spread of the virus as Kentuckians return from hotspots around the United States, Kentucky Governor Andy Beshear issued an advisory related to nine states with a virus rate of 15% or higher, one state quickly approaching 15%, and one U.S. Territory:

Alabama, Arizona, Florida, Georgia, Idaho , Nevada, South Carolina, Texas, Mississippi, and Puerto Rico

Kentuckians returning to the state from the above locations are requested to begin a 14 day quarantine. Guidance from the Office of the Governor states that during quarantine citizens should remain home and avoid all in person activities, should not have visitors in their homes, should isolate from occupants in the same home or wear a face mask and socially distance if isolation is not possible, and perform a temperature check twice a day. Kentuckians are again reminded to frequently wash hands and to use an alcohol based hand sanitizer. Along with the travel advisory, Governor Beshear also announced a return to mass gathering restrictions. On June 29, 2020 gatherings of 50 people were permitted to resume but due to the rise in COVID-19 cases, Kentucky will return to the previous restrictions of permitting gatherings of 10 or fewer people. The new restrictions do not apply to weddings, restaurants, retail, or other public venues.

Impact on Community Facilities
Homeowner’s Associations (HOAs) and Condominium Owner Associations (COAs), where possible, should inform owners of the new guidance as it relates to the residents’ use of community facilities, such as gyms, pools, playgrounds and club houses. If desired, the communication may request that residents returning from hot spots adhere to a 14 day quarantine before utilizing any of the community facilities . The extent to which the HOA or COA may enforce the community facility use restriction will be specific to each HOA or COA and may require a review of applicable governing documents, statutes, and regulations to determine the correct approach. HOAs and COAs may post signage at the entrance of community facilities, informing owners of the new restrictions. DBL Law can assist HOA and COA communities with drafting updated policies and signage related to the newest restrictions.

Is there more you need to know? Contact DBL Law.