FREQUENTLY ASKED QUESTIONS FROM CONDO BOARD MEMBERS RELATING TO THE COVID-19 PANDEMIC
(from McLeod Law, LLP Condominium Law newsletter)
Can the Condominium Corporation bar visitors, including contractors, from attending at a particular Unit?
Remember, the Condominium Corporation governs the Common Property, but the Unit remains the property of the Owner. So long as a visitor is attending at the invitation of a Condo Resident or Owner, the Board cannot deny them entry. Situations involving hotel or guest house type stays may be different.
The Condo Board can ask Owners to confirm with all visitors prior to their attendance that they have not traveled in the 14-days before their attendance and have no signs or symptoms of the Coronavirus. The Condominium Corporation may also wish to post at the entrances to the building(s) and in the elevator(s) one of the signs the Alberta Government has created asking people not to enter or visit in the event they are unwell. The Alberta Government has provided COVID-19 alert signs on their website available to download.
Can the Condo Board make an Owner or Resident tell them if they are sick?
While the Condominium Board can ask Owners to tell them if they are symptomatic, they have no legal authority to force Owners or Residents to provide this information. Instead what the Board might wish to do is canvas Condo Owners and Residents to see who is able and willing to assist in providing aid to those that are required to self-isolate due to illness or as a precaution. They can then advise the Condo Owners that in the event they are required to self-isolate, to please contact the Board and assistance will be made available to them.
Please remember that if you as a Condominium Board do learn that someone is ill, you can advise the Condo Owners that someone within the complex is symptomatic but cannot advise the Owners who that person is as releasing the name or Unit of that person would be a privacy violation.
Does the Condominium Corporation have to provide hand sanitizer?
The Condominium Corporation is obligated to make the common areas safe for residents. How this is done is up to you. You are not obligated to provide each Resident with hand sanitizer, but assuming you can find some it would be advisable to make hand sanitizer readily available in the common areas. In addition to this, the Condominium Corporation should be increasing the cleaning and sanitizing of Common Areas in response to the COVID-19, and in particular, anything that is frequently handled such as doors, mailboxes, and elevators.
Can the Condominium Corporation close or bar access to building amenities (i.e. gyms, pools)?
Yes, as the Condominium Corporation governs the Common Property it can, and likely should, be closing all non-essential building amenities in response to the COVID-19 pandemic.
If a Resident is quarantined, does the Board have to arrange for their dog to be walked, their mail to be picked up or their garbage to be taken to garbage room?
The Condominium Corporation has no legal obligation to make any arrangements for someone in quarantine. On the other hand, while it isn’t required it would be beneficial, and if possible should be considered. The Board may wish to canvas Condo Owners and Residents to see who is able and willing to providing assistance to those under quarantine, and what assistance they can provide (i.e. groceries, dog walking, mail, garbage disposal). Advise the Owners that they can contact the Condo Board in the event they are required to self-isolate.
Can the Board force someone to self-isolate?
No, the Condominium Corporation does not have the legal authority to force someone to self-isolate. You can encourage someone to self-isolate, but in the event they refuse, there is no recourse.