It’s a question we’ve been getting again and again recently: Can I limit guests from coming into the community?

This question deals with the both the safety of your community as a whole and the safety of individuals. Overall, the way to think of this issue is to consider the amount of potential exposure you are allowing into your community. It all boils down to what or who is essential vs. non-essential

Essential vs. Non-Essential Guests

An essential guest might be a caretaker, an immediate family member that provides essential care or a nurse. No matter who they are, they must identify themselves, who they are and their purpose in your community.

It would be a very good idea to send out a notice to your community stating that all essential guests must be identified and require owners and tenants to identify why a guest is needed (in other words, why are they essential?). In this way you can protect your community and provide the best care you can to those in need.

For the most part, this will all apply to those in your community who are in quarantine and need to remain in quarantine for their own safety and the safety of others. Remember, the goal here is to help those who are in need of help, while also protecting the larger community. By limiting the amount of visitors you can keep the community safe, while also providing the care needed for an individual in quarantine.

Essential Vs. Non-Essential Construction

The follow-up question to limiting guests that we’ve been asked a lot lately is regarding construction and other repair work. We discuss this more in-depth in a previous blog. It still comes down to the question of essential vs. non-essential.

The final say in whether construction or repair work is essential vs. non-essential is whether the repairs in question pose immediate health or safety concerns.

Non-essential contracts should be deferred. These are things like home renovations, painting and other cosmetic work. Any essential project must comply with current CDC guidelines. Make sure that any kind of contract modification is in writing and approved by the board. Know that the board does have power to deny contractors from entering under current CDC guidelines unless it is an emergency repair.

Any questions on who or what is essential or non-essential? We are happy to speak with you.

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Dania S. Fernandez, Esq.
We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law.

We pride ourselves of our level of commitment to our clients. We love what we do, and we do it with utmost care and professionalism.

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