April 1, 2020

On March 30, 2020, Virginia, Maryland, and the District of Columbia took further restrictive measures to prevent the spread of the COVID-19 pandemic.  All three states issued “stay-at-home” orders that, to varying degrees, contain enforceable restrictions requiring residents to stay at home.  The Virginia stay-at-home order remains in effect until June 10, 2020 (unless rescinded earlier by the Governor).  The Maryland order remains in effect for the duration of the state of emergency, and the DC order remains in effect until April 24, 2020, but is specifically subject to extension. 

These new orders have forced us to consider how such restrictions may impact our community association clients during the summer months and, specifically, with regard to pool contracts.  We are recommending that all clients review their pool contracts and other contracts for summer activities and events to determine if such contracts contain provisions which address excused performance and terminations without cause, and/or may be amended to incorporate financial protections in the event that the pool season and/or other activities must be cancelled or significantly reduced in duration.  At this time we are researching with various counties to determine if occupancy permits will be issued for the pool season.  While we understand that some maintenance may be recommended or required for the pools even if the members are not permitted entry, the related contracts should be reviewed to determine an appropriate path forward, possibly incorporating some cost savings.

Our community association attorneys are available to provide guidance regarding the impact of the Virginia, Maryland, and District of Columbia stay-at-home orders, as well as the review of pool or other contracts for summer activities and events.  Please contact us if you require assistance. 

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