Community Associations Legal Alerts: Ending of Certain Public Health Restrictions Effective May 28, 2021


Effective May 28, 2021, certain public health restrictions that have been in place for well over a year will end.  Executive Order Number 79 ("EO79") terminates the Seventh Amended Executive Order Number 72 and Order of Public Health Emergency Nine ("EO72") on May 28, 2021.  EO79 can be found here and EO72 can be found here.

For Virginia community associations this means that amenities, such as pools and fitness facilities, and gatherings, such as in-person board, committee or owner meetings, can proceed without restrictions starting May 28, 2021.  It also means the best practices for physical distancing and enhanced cleaning and disinfection, social gathering limitations, fitness and exercise facilities requirements, and swimming pool requirements contained EO72 and the incorporated Guidelines for All Business Sectors terminate on May 28, 2021. In the interim, however, several restrictions continue for gatherings and fitness and exercise facilities and swimming pools.

As of May 13, 2021, the CDC states that fully vaccinated people can, among other things, resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.  With regard to masks, EO72 and EO79 provide that all individuals in Virginia age 5 and older should cover their mouth and nose with a mask in accordance with guidance from the Center for Disease Control and Protection ("CDC") found here, and if there is any conflict between the sector-specific guidelines and EO72 and EO79, the sector-specific guidelines control.  EO79 also states that the waiver of Va. Code § 18.2-422, which prohibits the wearing of masks in certain places, is effective until 11:59 p.m. on June 30, 2021, unless amended or rescinded by further executive order.

Virginia community associations should continue to comply with EO72 and its Guidelines for All Business Sectors until midnight May 28, 2021.  From May 28, 2021, through June 30, 2021, masks may be allowed.  The Executive Orders and guidelines are subject to change.

Vandeventer Black has a dedicated team of community association attorneys to guide your community association.  We are here to help your community association navigate these unusual times, as well as the new normal.


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