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
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.
These opinions are based solely on the information in the question and no additional investigation into facts has been made. Additional facts could change the opinion. Do not rely exclusively on this opinion without consulting with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.