CDC ISSUES POOL RE-OPENING GUIDELINES JUST IN TIME FOR MEMORIAL DAY!

Although all Colorado pools are required to remain closed through May 26, 2020, the CDC has now provided guidance for re-opening pools and hot tubs.   We know that there are many questions about whether, how and when associations should re-open pools and hot tubs.  According to the CDC, COVID-19 is not transmitted through the water, but swimming is hardly the only activity that occurs near the pool!  Many associations have been wondering whether additional cleanings and social distancing will be needed (or possible).  Not unexpectedly, the CDC’s guidelines include frequent hand washing, masks, social distancing, sanitizing, and proper pool or hot tub maintenance.  You can find the full guidelines at https://www.cdc.gov/coronavirus/2019-ncov/community/parks-rec/aquatic-venues.html.   Associations should work with their community association managers, attorneys, pool vendors and cleaning staff  to find the proper balance as they consider how and when to re-open pools, hot tubs and other amenities.

IS THE ASSOCIATION REQUIRED TO REFUND ASSESSMENTS BECAUSE OF CLOSED FACILITIES?

Many associations have temporarily closed common facilities such as clubhouses, laundry rooms, fitness rooms, and hot tubs in response to Covid-19 and social distancing guidelines.  Many are wondering whether or how pools will be able to open later this month.  As the weather gets nicer and quarantine fatigue sets in, we are seeing more demands to open up facilities and to refund assessments if facilities have been closed or access reduced.

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New Harassment Rules Added to Fair Housing Act

HUD recently issued its final rules regarding quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act.  The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status.  Although community associations do not typically consider themselves to be “housing providers,” the Fair Housing Act applies to associations and plays a role in how the community relates to its residents.

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Will Assessments Become Tax Deductible?

On March 3, 2016, two members of the House of Representatives from California introduced H.R. 4696 which would amend the tax code to allow certain homeowners to deduct homeowner association assessments.  The act, called the “Helping Our Middle Income Earners Act” or “HOME Act” would allow homeowners earning $115,000 or less to deduct up to $5000 in regular assessments related to their primary residence from their federal taxes.  The bill has been assigned to the House Ways and Means Committee.

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Denver, CO 80202
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