Protocols in the Age of COVID-19

May 20, 2020 Advisory

As New York begins to transition from a nearly complete lockdown to less stringent rules, each condominium and cooperative Board should consider compiling protocols to preserve good health and order in their buildings.

Under all circumstances, Boards should comply with law and any Executive Orders in place. But, every Board should recognize that even if governmental agencies allow certain activities to resume, the Board does not have to allow the activity immediately. Each Board must take the actions they believe best serve their residents within their authority as a Board. In a world in which exposure to the COVID-19 virus poses risks to the residents and employees, the Board, as part of its obligation to maintain the building, should adopt cleaning and disinfecting protocols that address this challenge. Boards should consult with their managing agents on the scheduling and extent of these maintenance activities as part of their reopening decisions.

It is impossible to create protocols that are appropriate for every building in New York. Rather, the following sets forth issues and subjects which Boards may want to consider and adjust to suit their building’s needs. In addition to proposed rules that can be adopted as written, we have also provided considerations we suggest that Boards take into account. To the extent any of the following are appropriate for your building, they should be adopted as house rules, or rules and regulations, in order to permit enforcement in accordance with your building’s governing documents. As rules, the Board can change them when appropriate. Accordingly, apartment owners should be advised that these rules may be amended from time to time in the Board’s sole and absolute discretion in order to safeguard the health of residents and employees. The Board should monitor their implementation and modify as circumstances warrant.

Armstrong Teasdale’s experienced condo and co-op attorneys will be happy to assist Boards as they consider the new realities of multi-family living.

Download the PDF for additional rules and recommendations on the following topics.

  • Access
  • Brokers and Apartment Showings
  • Laundry Room
  • Use of Amenities
  • Resuming Alterations
  • Move-in/Move-out Policy

Armstrong Teasdale attorneys are actively monitoring and providing updates regarding the impact of COVID-19. For additional information, visit Armstrong Teasdale’s COVID-19 Resource Center.

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