April News from theHOAteam

The information provided in this newsletter was done so by our partners
Offit Kurman Attorneys at Law and Swim Club Management Group.

Governor Cooper Relaxes Covid Restrictions
March 26, 2020

Governor Roy Cooper issued Executive Order 204 (“EO204”) on March 23, 2021. EO204 relaxes a number of the protective actions taken by the State of North Carolina to address the Coronavirus Disease 20 19 ("COVID-19") public health emergency, but EO204 is far from a “re-opening.” To the extent EO204 is applicable to planned communities and condominium owners Associations in North Carolina, here are the hot button items as outline by some of theHOAteam’s partners:

Pool & Swim Team Info

Swim Club Management Group

As Swim Club Management Group (SCMG) continues the preparation for a second successful season in a Global pandemic, the recent Executive Order easing restrictions provides hope that this may be the last season we consider such restraints. However, despite the maximum occupancy returning to outdoor pools at 100% and indoor pools at 75% (as determined by fire code), additional precautions and conservative approaches should be taken to limit the exposure of COVID at each facility.

As in 2020, SCMG will continue to screen all employees prior to shifts, and masks are required as part of their uniform. Many of our managed facilities have still opted to eliminate furniture from the pool deck or, at a minimum, reduce the amount of furniture to encourage social distancing despite this recent announcement.

Many of the pool facilities that implemented a registration system in 2020 to limit the number of guests at the pool at one time to provide an enjoyable experience have chosen to continue this practice despite the increase in occupancy.

Signage at all facilities should be posted to reflect the social distancing and mask wearing requirements. As noted in the order, face covering will be required when social distancing cannot be attained, and the pool deck is no exception. Masks will not be required when actively swimming or when another exception exists as noted in the order. To the extent that facilities choose, many also provide full sanitation stations to disinfect high-usage areas which will contain the minimum sanitation requirements as noted in the order.

The HOAs that host swim team competitions are eager to continue to continue this tradition for their youth, but many will be making changes to the traditional meets. In some cases, virtual meets are being now being planned with each swim team planning to compete at their home facility against a competing team on a virtual level. Only competitors of one age group are allowed on the pool deck at one time to minimize close contact. To further minimize the number of attendees, some facilities are allowing one parent on the deck with their swimmer, or requiring parents to remain in their vehicle during the meet. Upon completion of the heat, the swimmers must clear the pool deck to relieve the capacity limits. Other HOAs are opting to not participate in swim team competitions at all to continue to take a conservative approach for their members.

While the CDC has stated that there is no evidence that COVID-19 can be spread to humans through treated waters, SCMG continues to encourage safe swimming practices along with social distancing and everyday preventative actions to prevent the spread.

Meeting Spaces, Conference Centers & Reception Venues

Offit Kurman Attorneys at Law
  • All workers and Guests must wear Face Coverings when they are or may be within the facility unless an exception applies.
  • When outdoors, workers and Guests must wear Face Coverings when they are within six (6) feet of someone who does not reside in the same household unless an exception applies.
  • Guests must be in seats except to enter, leave, use amenities, visit the restroom, and obtain food or drink.
  • Occupancy is limited to fifty percent (50%) of the stated fire capacity for each indoor and outdoor space controlled by the facility.
  • Mark six (6) feet of spacing in lines at point of sale and in other high-traffic areas for Guests.
  • Provide alcohol-based hand sanitizer (with at least 60% alcohol) at the entrance and at other areas throughout the premises as needed. Promote frequent use of hand-washing and hand sanitizer for workers and Guests.
  • Increase disinfection during peak times or high Guest density times, and disinfect all shared objects ( e.g., payment terminals, tables, countertops/bars, receipt trays, condiment holders) between use.
  • The facility must arrange the space so that Guests sitting at a counter or table are not within six (6) feet of any Guests sitting at another counter or table. Moreover, each group of Guests sitting at a counter should be separated from other groups by six (6) feet.
  • Follow all applicable NCDHHS guidelines.
  • Follow the restrictions of this Executive Order for any food or beverage service.
  • Follow the Core Signage, Screening and Sanitation Requirements.

Fitness Centers

Offit Kurman Attorneys at Law
  • All workers and Guests must wear Face Coverings when they are inside the establishment, regardless of whether they are exercising unless an exception applies.
  • When outdoors, workers and Guests must wear Face Coverings when they are within six (6) feet of someone who does not reside in the same household unless an exception applies.
  • Indoor Areas. Fitness and Physical Activity Facilities must limit Guests in indoor areas to the lowest number produced by applying the following two tests:
    • Overall. Limit the number of Guests in indoor areas to seventy-five percent (75%) of the stated fire capacity.
    • Limit the number of Guests in any given room of the facility so that everyone can stay six ( 6) feet apart.
  • Promote frequent use of hand-washing and hand sanitizer for workers and Guests. Require workers to wash hands immediately upon reporting to work, after contact with Guests, after performing cleaning and disinfecting activities, and frequently throughout the day.
  • Disinfect all shared equipment between users with an EPA-approved disinfectant for SARS-CoV-2 (the virus that causes COVID-19). Allow the disinfectant to sit for the adequate amount of time stated by the manufacturer. If Guests are to clean equipment, the establishment must provide instructions on how to properly disinfect equipment and on the adequate amount of time that the disinfectant must sit to be effective.
  • Increase disinfection during peak times or high-population-density times.
  • Mark six (6) feet of spacing in lines at point of sale and in other high-traffic areas for Guests.
  • Post the Emergency Maximum Occupancy of any room or other enclosed space at the door to that space.
  • Take the following Social Distancing Measures:
    • For activities involving Guests spread out among fixed equipment or lanes, tape off or move the equipment, or restrict access to lanes, so that the Guests conducting the exercise activity are at least six (6) feet apart.
    • For group classes or group activities, ensure that all Guests are spaced at least six (6) feet apart. Instructors may come within six (6) feet of students for brief periods of time (less than 15 minutes).
    • For Guests waiting to take their tum in the activity, operators must space out any seating so that Guests can be socially distanced and stay six (6) feet apart from each other.
  • Follow all applicable NCDHHS guidelines.
  • Follow the Core Signage, Screening and Sanitation Requirements.

Facemask Exceptions

Offit Kurman Attorneys at Law

Here are some potentially relevant exceptions which would not require someone to wear a Face Covering per EO204:

  • The person should not wear a Face Covering due to any medical or behavioral condition or disability.
  • The person is under five (5) years of age.
  • The person is actively eating or drinking.
  • The person is seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible.
  • The person is exercising and is having symptoms while strenuously exercising such as trouble breathing, dizziness, or lightheadedness.
  • The person is exercising in equipment like a mouthguard or helmet and are having trouble breathing.
  • The person is doing any activity in which the Face Covering could become entangled and a choking hazard or impair vision in high risk activities such as gymnastics, cheerleading, or tumbling.
  • The person is doing activities that may cause the Face Covering to become wet, like swimming or other activities in a pool, lake, water attraction, or similar body of water.

As you can see EO204 relaxes, but does not lift the protective actions taken by the State of North Carolina to address the Coronavirus Disease 20 19 ("COVID-19") public health emergency.

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theHOAteam of Charlotte Partners

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