COVID-19 announcement prudent

Q: I am fortunate enough to work for an essential business, and I am still working full time away from my unit. I have a dog, and the board of our condominium association has said that dog walkers will not be admitted to the building, in an attempt to deal with COVID-19 issues. Is this permissible.

A: Dog walking is an essential business and operation under the Illinois Governor's "stay at home" executive order.

Even those who are performing "essential businesses and operations" must - to the greatest extent feasible - comply with social distancing requirements. These include maintaining a distance of at least 6 feet from other individuals, washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer (which must be provided), covering coughs or sneezes (into the sleeve or elbow, not hands), regular cleaning of high touch services, and not shaking hands.

Q: Can our association open the swimming pool in light of the Illinois governor's "stay at home" COVID-19 order?

A: Memorial Day, May 25 this year, is the traditional start of the outdoor pool season in Illinois. Currently, there is no specific long-term Illinois mandate with respect to swimming pools related to COVID-19. The governor's "stay at home" executive order, which runs through the end of April, describes those essential businesses and services that can continue in operation. Facilities, like swimming pools, are not considered essential and should not operate under the current executive order.

We will have to wait and see if the executive order is extended or if any additional guidance will be forthcoming that impacts swimming pools.

That said, in general, associations should follow the executive order and the Centers for Disease Control and Prevention guidelines concerning social distancing. The CDC guidelines provide that individuals maintain a minimum distance of at least 6 feet from one another and prohibit gatherings of more than 10 people.

Assuming the executive order is lifted, and the current CDC guidelines continue unchanged, it would certainly be prudent for the association to implement guidelines for use of the pool along those lines. That is, maintaining the social distancing guidelines, as well as a restriction on the number of individuals gathering at the pool to no more than 10 at a time, would be prudent

This is a very fluid situation with guidance seemingly being revised each day. This is a matter that should be revisited closer to the time that the pool is intended to be opened, to see what guidance and protocols are in place at that time.

Q: The board of our condominium association has learned of its first resident with COVID-19. Does the board have a duty to advise other residents?

A: While the board's duty to do so is less than "crystal clear," in the event the board learns that a resident or management staff member for the association has contracted COVID-19, it would certainly be prudent to advise all residents. Importantly, many residents have an expectation they will be notified, so failure to do so may create some discord.

Q: The board of our association notified residents that a resident tested positive for COVID-19; however, the name of the resident was not provided. Someone said HIPAA laws prohibit the disclosure. Should the resident have been identified?

A: "HIPAA" is the acronym for the Health Insurance Portability and Accountability Act. HIPAA does not apply to homeowners associations, only to certain health care providers.

That said, it appears the consensus is to protect a person's privacy, in order to promote full disclosure to the board (and authorities) from any resident with the virus, without any fear he or she might be scorned or harassed. The board should not disclose the infected person's name or unit number.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.