In a recent article for Crisis Management Update, Employment Law Attorney Stephen Scott warned that businesses who ignore or misapply federal guidance on COVID-19 mitigation may be making a costly mistake.
While CDC guidance is not technically a federal law or regulation, Attorney Scott cautions that courts may use that guidance as the legal standards by which to judge whether a business has taken the appropriate actions to protect its workers, their family members, and third parties (such as visitors, customers, etc.) from exposure to the virus. By this standard, he argues, failing to properly follow the CDC guidelines to prevent the spread of COVID-19 may serve as evidence that the business’s actions were negligent, willful, or intentional, exposing the company to potentially costly legal judgments.
As business entities, HOAs are also exposed to these potential liabilities for COVID-19 related injuries to employees, HOA members, guests, or other visitors while on common area property, using HOA amenities, or attending HOA-sponsored meetings, activities, or events.
Attorney Scott’s article provides yet another reason why all associations should stay up-to-date on the latest CDC guidance for COVID-19 prevention, make sure they understand it (with the help of their community managers and/or legal counsel), and take appropriate steps to implement these measures in their communities.
If you have other questions, feel free to reach out to us or your own community manager! We are always happy to help here at SpectrumAM!