March 25, 2020

On March 23, 2020, Governor Northam issued Executive Order Fifty-Three (EO-53), effective at midnight March 24, 2020, in response to the developing COVID-19 pandemic.

There are several provisions of the Order that impact community associations.  The purpose of this alert is to highlight that our community association attorneys are available to provide guidance to our Virginia community association clients regarding the impact of these provisions – as well as those that may be implemented in the future. 

Based upon our review of  EO-53, we do not believe that the Executive Order will substantially impede the ability of community associations to operate.  However, as the pandemic is rapidly developing and response measures have evolved accordingly, we are in frequent contact with our clients about necessary changes to operations that are consistent with one of the primary edicts from EO 53, which is to prohibit public and private in-person gatherings of larger than 10 people.

Accordingly, if boards or committees are continuing to have in-person meetings, they must be limited to 10 attendees, including board, committee members, owner attendees and management representatives.  The strict application of this 10-person aspect of EO‑53, has prompted many of our clients to postpone in-person meetings and close common amenities.  If you have a question specific to your operations, we urge you to contact any one of our community association attorneys via email or by leaving a message using our virtual receptionist.


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