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Here’s What HOAs Should Know About the COVID-19 Pandemic

The COVID-19 pandemic has presented new issues for HOA boards and managers in Nevada to handle within their communities. They will need to consider what to do about common areas, gyms, facilities, board meetings, and other things during the pandemic. They might also want to think about having residents sign waivers of liability when they reopen their amenities. Taking preventative steps might reduce the spread of the virus within HOAs and protect the health of the residents.

Closing Gyms and Business Centers

When the number of positive cases in the area is increasing, HOAs can choose to close their shared facilities, including business centers and gyms. HOA boards are tasked with managing the community’s shared facilities, and a part of that duty is to decide when those facilities should be closed for the health and safety of its memers. Closing a facility to protect the safety and health of the residents is generally allowable under Nevada law but depends on the HOA’s governing documents. For other common areas, HOA boards should engage in enhanced cleaning to try to limit the spread of the virus.

Limiting Guests and Short-term Rentals

HOAs may be able to limit nonessential guests from entering the property. However, they should make sure to allow visitors who are the immediate family members of residents and their caretakers to come to the property. If the HOA decides to restrict the ability of residents to rent out their properties as short-term rentals, they should limit the scope of the rule to what is necessary for the protection of public health and must make sure that they have the power to do so under the HOA’s governing documents.

Board Meetings and Masking Policies

During the pandemic, board meetings that are not essential may need to be postponed. If meetings are held, the attendees should try to participate by videoconferencing rather than in-person. If the local municipality has a masking mandate in place, the HOA should include signage throughout the facility that notifies the residents of the requirement. 

Liability Waivers

When HOAs decide to reopen the communities’ amenities, it may be a good idea for them to ask the residents to sign liability waivers. These waivers should include an acknowledgment that the resident is assuming the risk by using the facility. Waivers should also include an express agreement that the resident will not sue the HOA if the resident contracts COVID-19.

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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