Executive Order for Empowering a Healthy Georgia
On March 31, 2021, Governor Kemp signed his latest Executive Order for Empowering a Healthy Georgia (the “Order”) to address Covid-19. The Order continues to provide that “Organizations” (which includes community associations) “shall implement measures to mitigate the exposure and spread of COVID-19.” That part of the Order has not changed since the spring of 2020. However, the Order now provides that “such measures may include” a list twelve separate actions, most of which had previously been mandatory since the spring of 2020. The Order also removes the prohibition on “Gatherings” (which has been a defined term set at fifty persons).
Because the measures which were previously mandatory are now optional due to the “may” language addressed above, associations need to determine which measures they should implement to ensure that they are mitigating the exposure and spread of COVID-19 on common area facilities. Each community is different, and so each board of directors will need to decide which measures to implement. Some associations may choose to implement all twelve of the optional actions listed in the Order. Some association may decide to implement additional stricter measures. While other associations may want to implement only the minimum requirements.
At a minimum, our firm suggests implementing the following measures:
- Implement rules to include at least the following four actions: (1) prohibiting individuals who have been diagnosed with COVID-19, have Symptoms of COVID-19, or had contact with a person that has, or is suspected to have COVID-19, within the past fourteen days and have not completed certain quarantine protocols, from entering the facilities; (2) informing individuals that they should disinfect frequently touched surfaces before and after use; (3) informing individuals that they should regularly wash their hands; and (4) informing individuals that they should practice Social Distancing (maintaining six feet from non-household persons).
- Post a sign on the facilities (such as pool area, clubhouse, fitness center, etc.) that includes the following language, which is set forth in the latest Order as an optional measure:
Individuals who have been diagnosed with COVID-19, have Symptoms of COVID-19, or had contact with a person that has or is suspected to have COVID-19 within the past fourteen days and have not completed the Post-Exposure Quarantine Protocol shall not enter the facility.
- Post a sign in compliance with Senate Bill 359 (SB-359). As our firm notified clients and community association managers last year, Governor Kemp signed SB-359 into law on August 5, 2020. SB-359 limits liability of associations if a person is infected with COVID-19 while using association property. Please see our firm’s Summer 2020 Newsletter for a more detailed discussion of SB-359. In order for the protections of SB-359 to apply, an association must post signage complying with the specific requirements of that law. The text of the sign must be in at least one-inch Arial font, and the sign must be placed apart from any other text at the point of entry to the area and include the following language:
Warning
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
Also, please note that for associations that have “gyms” and “fitness centers” (these terms are not defined under the Order), the Order still provides that associations which open those facilities “shall” implement five measures listed in the Order. If your association has a gym or fitness center, please contact us.
Another issue that associations have asked about is whether they should obtain signed waivers from owners and guests who utilize the pool, clubhouse, or other amenities. In light of SB-359, our opinion is that signed waivers are not essential, but, that said, associations may still choose to require waivers as an additional layer of protection. Signed waivers also can include an acknowledgment that persons using the facility (e.g. pool, clubhouse) will comply with the rules adopted by the association to mitigate the exposure and spread of COVID-19.
Please contact our firm if you have additional questions.