COVID-19 Vaccines and Your HOA
It's hard to believe we are approaching the one-year mark of social distancing and shutdowns due to the COVID-19 pandemic. At this time, the vaccine is becoming more and readily available across the country. HOA Resources asked two community association law attorneys to answer board members' and HOA residents' questions about residents and the COVID-19 vaccine.
Meet the Attorneys
These attorneys are David W. Kaman, a partner at Ohio law firm Kaman & Cusimano, and president of the 2021 Board of Governors of Community Association Institute's (CAI's) College of Community Association Lawyers (CCAL).
Nancy T. Polomis, an attorney with Hellmuth & Johnson in Minneapolis, has one association that plans to bring a medical professional to administer the vaccine convenient to their residents.
Community Associations and Medical Proof
Generally, community associations may not require residents to provide medical information. An association cannot compel a resident to show proof of a COVID-19 vaccine any more than it can require evidence of an annual flu vaccine.
"An association with employees, however, may be able to require that the employees show proof of obtaining the vaccine if it becomes a requirement of employment," he says. Associations should review this matter with their legal counsel before making it a requirement.
Providing the Vaccine on Site
An association may decide to work with a health care provider to distribute the vaccines when they become available to the broader population. The association must clarify that the health care provider, not the association, provides, disseminates, and is ultimately responsible for the vaccine and any medical information. However, many associations haven't had the chance to do this yet because the vaccine applications are not at the point where they're readily available.
Associations have the right to be proactive to make it easy for residents to get their vaccine, which helps the entire community. Polomis encourages associations to update residents via email or a newsletter as the vaccine becomes widely available, especially if the community or the locality will be administering vaccines. However, the HOA may not force anyone to be vaccinated.
Residents Have a Right to Decline a Vaccine
Someone might oppose a vaccine based on medical or religious reasons. Polomis warns: "Trying to impose a requirement that people provide proof of vaccination is ill-advised and probably would lead to terrible consequences for the association.
Contact Us
Do you have questions about the vaccine and your HOA? Please do not hesitate to contact us regarding COVID-19 and how you can keep your community as safe as possible.
