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.

ARE YOU COVERED FOR YOUR COMMUNITY’S TRANSITION TO SAFER AT HOME?

Effective May 6, 2020, anyone 3 years of age and older is required to wear a face covering in certain public settings within the City and County of Denver.  Denver is not unique and is among a growing list of local county and municipal governments mandating use of face masks when engaging in various public activities.  These local orders go a step beyond the Colorado Department of Public Health & Environment’s Amended Safer at Home Order 20-28 (“SAH”) which urges individuals to wear non-medical face coverings when in public. 

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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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HOA Litigation Under COVID-19

Colorado and most of the country are on stay at home orders of some kind.  Colorado state and federal courthouses have vacated in-person civil hearings, trials and other matters, subject to rescheduling.  With court closings, litigants have been forced to quickly adapt to virtual litigation activities that are customarily done in person.  This can include virtual depositions, hearings, and mediations. 

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Is the End here?

Not the end of the virus (though that cannot come soon enough), but the end of a condominium or planned community?  A community can end (be terminated) following the process in the Colorado Common Interest Ownership Act and/or in the declaration.  A super majority of the owners decide.  If the community is no longer desired to be kept in place and there is agreement among a super majority of the owners, CCIOA allows for the end of the community.  In the statute this is referred to as termination.  We have a checklist for the process to be followed and have assisted many communities with this process.  Contact one of our attorneys if the end of the community is desired to be considered.

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Denver

1445 Market Street, Suite 350
Denver, CO 80202
Main: 720-221-9780
Fax: 720-221-9781

Colorado Springs

14 N. Sierra Madre Street, Suite A-1
Colorado Springs, CO 80903
Main: 719-457-8420
Fax: 719-457-8419

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