LEARNING LESSONS WE’RE Community Association Employees


For this issue’s “Lessons Learned” section of the Journal, we are looking at lessons we are learning now: how to keep going, how to serve our communities in the future, and what to expect when the world “opens” once more. We asked four experts from across the Community Association Management industry to weigh in.


In this time of COVID-19 employees of condominium and homeowner association employees are being asked to take on new and different responsibilities, such as delivering mail directly to a unit rather than having it picked up from the mail room, or helping a resident take out their trash. Can condominium associations require their staff to perform these extra services for residents who are adhering to the “Stay Home, Stay Healthy” directive from Governor Inslee?


Insurance


How will the association’s insurance policy respond with respect to claims that arise due to 


It’s possible Biological Hazard/Communicable Diseases may be an excluded cause of loss with respect to any liability exposure the association may face. Further, the company may have no obligation to pay for any loss caused by the acts or decisions of any person, group or 


With respect to third-party claims, the injured party would have to establish that the virus was contracted within the community (and not somewhere else) and the association was somehow  being said, any claim presented would likely be 


As always, it will depend on your association  counsel and use your best business judgement.


OSHA requires that all businesses provide their employees with healthy and safe working conditions. To that end, OSHA recommends that workplaces provide employees with hand washing facilities, hand sanitizer, gloves, and masks as appropriate, and in some cases face shields and respiratory equipment. When employees have access to the appropriate equipment, they should be able to perform these new and different tasks.


However, given the infectious nature of COVID-19, staff should not be required to perform a task with which they are uncomfortable. For example, taking out the trash from a unit may be exposing staff to undue risk – when the trash bag is closed the air expelled out of it could contain the virus. And when delivering mail, staff should not be required to do so face to face – rather mail should be dropped off outside  delivered when the staff member is no longer present. If a staff member is uncomfortable with a task, another staff member who deems the situation safe should be permitted  gloves, mask, and appropriate protective gear.


In short, staff should not be required to perform tasks that they believe will expose them to the virus. A little empathy and common sense in these times will go a long way to a healthy and safe working environment.


By Mary Reiten, Esq. Law Office of Mary B. Reiten PLLC


By Amy Clements, CIRMS


Communit Associaton Underwriters (CAU)


For some legal considerations, read Alison Peryea’s blog post on our website, “Coronavirus Introduces New Legal Considerations for Common-Interest Communities.” Visit wscai.org/coronavirus-introduces-new-legal-considerations- for-common-interest-communities.


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