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March 31, 2020

STATE OF EMERGENCY (COVID-19) SAMPLE POLICY

The following policy is a sample for assistance, reference and consideration. It may not be applicable to every corporation. Each corporation may determine that it may need different provisions, for example:

  • Some corporations are requiring deliveries to be picked up outside to protect residents and security staff further.
  • Security and other staff should be consulted to determine if they have any suggestions or areas of concern, as their satisfaction is key – they are essential and they may not come to work if they do not feel safe.
  • If there is a positive case of COVID-19 in the corporation, this circumstance requires further consideration – i.e. garbage handling and notification to owners and more.
  • Special circumstances, and even volunteers, are being used to deal with positive COVID-19 cases or residents needing special assistance. 
  • Some corporations are prohibiting short stays (Airbnb) to 28 days or more – this needs the drafting of a specific policy. 
  • Many corporations are polling their owners by email to determine residents’ sentiment on specific issues. 
  • It is possible that some policies offend property rights or other applicable legislation. However, in these times and with the landscape changing so rapidly, we believe that the courts will not, in the future, be looking at board decisions under a microscope and it is anticipated that substantial deference and latitude will be given to board decisions.


_______________ CONDOMINIUM CORPORATION NO. ____

STATE OF EMERGENCY (COVID-19) POLICY

PREAMBLE 

Pursuant to section 26 of the Condominium Act, 1998 (the “Act”), the condominium corporation is the occupier of the common elements, and as such, has a duty to take such care as in all the circumstances, is reasonable to see that persons entering on the premises are reasonably safe while on the premises. 

Furthermore, pursuant to section 117 of the Act, no person shall permit a condition to exist or carry on any activity on the common elements, if the condition or activity is likely to cause injury to an individual.

In light of the COVID-19 pandemic and the above-noted statutory provisions, the condominium corporation has adopted the Policy set out below with a view to protecting the health and safety of our condominium community.

It is imperative that all residents, employees, staff, contractors and visitors abide by this policy without exception, until further notice.


COVID-19 Infection Prevention Strategies 

  • Residents who have been exposed to COVID-19, are experiencing flu-like/common cold symptoms (a fever, cough, difficulty breathing, muscle aches, fatigue, headache, sore throat or a runny nose) or who have contracted COVID-19:  You must self-isolate for 14 days.  This means that you cannot come out of your unit for any reason for 14 days, unless of course you are going to seek medical care. 
  • Employees and staff who have been exposed to COVID-19, are experiencing flu-like/common cold symptoms (a fever, cough, difficulty breathing, muscle aches, fatigue, headache, sore throat or a runny nose) or who have contracted COVID-19: Please do not come to work. You must be self-isolating unless you are seeking medical care.
  • Contractors and visitors:  Contractors and visitors should be discouraged. However, if the attendance of a contractor or a visitor is absolutely necessary (e.g. to deliver food, items for essential personal care or medical items, or for some time-sensitive reason), all contractors and visitors must sign a questionnaire attesting that they have not travelled out of the country for at least 14 days, that as far as they are aware that they have not been exposed to COVID-19, that they are not experiencing flu-like/common cold symptoms (a fever, cough, difficulty breathing, muscle aches, fatigue, headache, sore throat or a runny nose) and that they have not contracted COVID-19.  In this regard, appropriate signage should be posted at entrances and management should devise a system for signing and screening. Any contractor or visitor who cannot attest to all of these matters, or who otherwise is showing signs of flu-like/common cold symptoms will not be permitted entry under any circumstances. 
  • Stay at home: Otherwise, all residents are encouraged to stay at home as much as possible except for necessary outings for food, drugs or other medical supplies or medical care. 
  • Practice good personal hygiene.  All people who are in the building shall:
    • Wash hands frequently with soap and water for at least 20 seconds.  If no soap or water is available, disinfect hands with an alcohol-based hand sanitizer. In this regard, management should arrange for handwashing facilities for staff, contractors and visitors and should make alcohol-based hand-sanitizers available at various points in the building, but for sure at points of entry/exit.  
    • Refrain from touching their face; and,
    • Cover coughs and sneezes with either a tissue or a sleeve.
  • Physical distancing.  All persons present in any portion of the building (other than in a dwelling unit unless one is self-isolating), shall practice physical distancing which means always staying at least two (2) meters from of another person.
  • Reporting. If anyone becomes aware of any breaches of this Policy, please speak up, to the offender (while maintaining physical distancing) and/or to management.  Our health and safety depends on strict compliance with this Policy.

Employees, Staff and Contractors

  • Disinfecting: the condominium corporation is working with its cleaning service provider and the condominium corporation’s employees to ensure frequent disinfecting of the common areas, paying special attention to areas that are regularly touched such as: door handles, elevator buttons, light switches, toilets, handles, counters, handrails, touch-screen surfaces, concierge desks, management offices, garbage chute rooms, etc.

Use of Common Elements

  • All amenities shall be closed during the state of emergency. 
  • Other than members of one household using an elevator, the number of people using an elevator should be limited to no more than two people at the same time.
  • Otherwise, there shall be no gatherings of more than two people, which includes meetings, parties, casual conversations, dinner parties, playdates and the like, anywhere in a unit or on the common elements. This includes condominium meetings such as an AGM or a requisitioned meeting.
  • Deliveries shall not be delivered to a unit by a delivery person, rather any delivery should be left at the concierge desk or with the superintendent for pick up by the resident who is not self-isolating. Under no circumstances shall a person who has symptoms or is self-isolating attend to pick up a delivery from the entrance, from the concierge or from the superintendent. Such unit owner should so notify the concierge or the superintendent and request “knock and drop” delivery to the unit. 

Maintenance, Repairs and Renovations

  • All non-essential maintenance, repairs and renovations to the common elements and/or units shall be suspended during the state of emergency.

Board Meetings

  • Board meetings shall be conducted electronically, via telephone or video conference.

DATED: _________________  _____, 2020.

 YOUR BOARD OF DIRECTORS 

 

3100 Steeles Ave. W., Suite 300 Vaughan, Ontario, Canada L4K 3R1  TF: 1.888.FINEDEO  P: 905.760.1800  F: 905.760.0050  TFF: 1.888.CONDO55  E: info@finedeo.com
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