AMENDED ORDER ALLOWS FOR COMMUNITY POOL OPENINGS

As of yesterday, June 4, Colorado Governor Jared Polis has provided guidelines for how community pools may reopen. While pools are permitted to open, to ensure the safety, health, and well-being of Coloradans, there are still COVID19 safety measures which do not permit pools to be used at full capacity:

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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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