San Diego, CA asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California

Q: Can an HOA force residents to wear face coverings inside areas used to access private residences because of COVID-19?

I live in an urban community of ~250 units in downtown San Diego, CA. Our bylaws allow unrestricted "ingress and egress" to the units. Can the HOA force residents to do things in common areas that MUST be used to access private residences? The talk has mostly been around elevators and stairwells

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It isn't the HOA that is requiring the face coverings, it is local ordinance, and State law.

Sheltering works, hygiene works and masks work to slow the spread of a disease. Are you in favor of spreading disease? You obviously don't believe in COVID, what is the downside if you are wrong? Painful hospitalization and death.

What is the upside if you are right? You wore a mask in public for a couple of months. Get a mask that says "This is all BS" on it, exercise your constitutional right to freedom of expression. I bet that people would thank you for wearing that mask.

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