Client Alert: “Stay at Home Orders” and Community Association Operations and Staff
Date: March 31, 2020
Washington, D.C.
General Information
On March 24, 2020, the Office of the Mayor for the District of Columbia issued an Order closing non-essential businesses in Washington D.C., effective through April 24, 2020, unless modified. On March 30, 2020, the Mayor issued a Stay at Home Order stating that D.C. residents may leave to work at essential businesses. The operations of Community Associations have been deemed essential. Specifically, the Order has stated that “businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses” and “Housing and Living Facilities, including residences and residential facilities” are deemed essential. Based on this guidance, staff may continue to work at community associations in Washington, D.C.Guidance from the Mayor:
- To the greatest extent feasible, Essential Businesses that remain open shall comply with Social Distancing Requirements, including separating staff by off-setting shift hours or days and maintaining a separation of at least six (6) feet among and between employees and members of the public to the maximum extent possible, separating shifts.
- Essential and non-Essential businesses shall take all reasonable steps necessary for employees to work remotely from their residences and to deliver services to the businesses and their customers by telephone, video, internet, or other remote means.
Travel from D.C. to other jurisdictions for staffing purposes
The D.C. Order does not prohibit D.C. residents from traveling to Maryland or Virginia to work at an essential business.Maryland
General Information
On March 30, 2020, Governor Hogan issued a Stay At Home Order for the State of Maryland and reiterated the closure of non-essential businesses in the state. The Order states that essential businesses in Maryland are defined by the U.S. Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (“CISA”). CISA has stated that “workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services.” As such, a community association operation has been deemed an essential business for staffing purposes. Based on this guidance, staff may continue to work at community associations in Maryland.General Guidance:
- Use remote and teleworking where possible.
- To the greatest extent feasible, comply with Social Distancing Requirements, including separating staff by off-setting shift hours or days and maintaining a separation of at least six (6) feet among and between employees and members of the public to the maximum extent possible, separating shifts.
Travel from Maryland to other jurisdictions for staffing purposes
The Stay At Home Order allows persons living in Maryland to travel between their homes and essential businesses and organizations. Therefore, staff living in Maryland may travel to other jurisdictions such as Virginia and D.C. for the purpose of working in an essential business. At this time, community associations are deemed to be essential businesses in Virginia and D.C.Virginia
General Information
On March 30, 2020, Governor Northam issued an Executive Stay at Home Order. In accordance with that Order, Virginia has limited its residents and businesses from taking part in certain activities. However, the order specifically allows residents in Virginia to travel to and from their place of work. Based on this guidance, staff may continue to work at community associations in Virginia.Guidance from the Governor:
In an Order dated March 23, 2020, Virginia stated that “although business operations offering professional rather than retail services may remain open, they should utilize teleworking as much as possible. Where telework is not feasible, such business must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces, and apply the relevant workplace guidance from state and federal authorities.”Travel from Virginia to other jurisdictions for staffing purposes
The Order does not prohibit individuals from Virginia traveling to other jurisdictions for work. Therefore, staff living in Virginia can travel to D.C. or Maryland for work.Delaware
General Information
On March 24, 2020, Governor Carney issued a modification to his prior Executive Order directing that all residents shelter in place of residence. The order allows persons living in Delaware to travel between their homes and Essential Businesses. The Order provided a list of numerous business considered Essential, including those that “provide maintenance to residential structures.” As such, a community association operation that provides maintenance to residential structures are deemed an essential business for staffing purposes. Based on this guidance, staff may continue to work at community associations in Delaware.General Guidance:
- Use remote and teleworking where possible.
- To the greatest extent feasible, comply with Social Distancing Requirements, including separating staff by off-setting shift hours or days and maintaining a separation of at least six (6) feet among and between employees and members of the public to the maximum extent possible, separating shifts.
Travel to Delaware for staffing purposes
The Governor modified his Order again on March 30, 2020 to require any individual who enters Delaware from another state, to immediately self-quarantine for fourteen (14) days from the time of entry into Delaware. This self-quarantine requirement does not apply to individuals commuting into Delaware to work for an essential business or to perform minimum business operations. This order also does not prohibit individuals from Delaware from traveling to other jurisdictions for work.Recommendations for Staffing Adjustments in Maryland, D.C., Virginia and Delaware Due to Recent Orders
Associations should determine individual needs for staff and limit/stagger on-site staff as appropriate. Below is a list of recommended essential staff based on current guidance from governmental authorities. Please be advised that qualified staff can take on multiple roles to limit necessary on-site staff and that the list below can be supplemented as necessary based on individual Association needs. Should you have specific questions on staffing, please contact your WTP legal counsel.- A staff member who can coordinate the response to emergency “at-home” situations requiring immediate attention.
- A staff member who can facilitate the reception of deliveries, mail, and other necessary services.
- Staff members who are responsible for cleaning and sanitizing common areas.
- A building engineer or maintenance staff to handle on site emergencies or necessary maintenance for continued operations.
- A staff member who can regulate and provide access to the building.
In addition to the foregoing, community associations should consider issuing letters on association letterhead to essential personnel, particularly those traveling from home to another jurisdiction for work, describing their job duties and the need for the employee to report to work. Not only will this clarify the employee’s role with regard to the community association’s essential business, but it may also help ease anxiety of the employee, if any, should the employee be questioned about their need to travel for work. Please contact your WTP legal counsel if you need assistance with developing a letter.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.