M.H. from Cook County, Illinois writes:
Dear Mister Condo,
Our Condo Building is incorporated with the State. How can we enforce a “wear a mask in public areas of building” to comply with our local ordinance in a condo?
Mister Condo replies:
M.H., what strange times these are! The COVID-19 pandemic rages on and forces all of us to be vigilant, especially when under order of our government to do so. The interesting part for condominiums and HOAs is that the most they can really do is encourage residents and guests to comply with their policies. Condos and HOAs are not police organizations. They have no legal power to enforce compliance. They can shut down their amenities and even refuse entry to folks who don’t wear masks or follow proper social distancing protocols but that’s about it. All condos and HOAs should have asked their association attorneys for guidance on how to comply with any government mandates and how best to protect themselves from lawsuits that might result from a resident, guest, or association employee or vendor that could arise from contracting the virus while on association grounds. As long as the association is following the prescribed guidelines, the only other remedy is to involve local law enforcement for any folks that blatantly try to spread the disease by disobeying any laws. I hope you and your community survive the pandemic without further incident. All the best!