COVID-19 Updates – High Rise Managers

Hi Managers – 

New information keeps coming regarding how to handle privacy and notification issues related to confirmed cases of residents in your building having COVID-19.  We want to keep you up to date as much as possible.  Here are the key things to remember if someone tests positive in your building:

1)     Keep all medical information about the resident confidential until otherwise directed by your Board.  (Including, as much as possible, with your own team).

2)     Get input from your HOA’s attorney and relay input to your Board.  We have provided you with a lot of information to date regarding how and what to communicate to your building about someone who is infected.  However, as we talk to more attorneys and to officials with various Health Departments, we are getting advice that is all over the place.  Everything from “keep all information totally confidential and do not say a word to anyone in the building” to “notify the building generally and specifically tell everyone on the floor what unit has an infection”.  And everything in between.   We want to pass on information to Boards as best as we can and allow them, with their attorney, to make the best decision for their building.

3)     If you get an infected resident to sign the release form that we provided, it gives your association a little better standing to release information about the infection to other residents.  Still, have that release reviewed by the HOA attorney and get input how to proceed. We have split the original release form into two parts so that a resident could now have the option of authorizing one part of the release and not the other.  The new version with two parts is attached here to this email.

4)     Be sure to notify your supervisor immediately when you have a confirmed positive COVID-19 case in your building.

Thank you all for the work you are doing every day.

Matthew

Attachment:

Resident Notification of Confirmed COVID-19 Diagnosis – 3.27.20.pdf

Hello Managers,

Dirk Petchul of Whitney Petchul has provided the draft homeowner communication for distribution to address homeowners who may wonder if, or why, they still need to pay their assessments when some or many of the amenities are temporarily unavailable to them.

This can be very helpful information for homeowners during this time, however it should only be distributed with the approval of your Board. 

If you do receive authorization to use it, please pay close attention to the bold and italicized sections of the notice and revise to fit your community and amenities.   

Please let me know if you have questions or concerns.

Marianne

Attachment:

Covid 19 Communication from Dirk.docx

INFECTION PROTOCOL RECOMMENDATIONS

Individual buildings may adjust these protocols in whatever ways make the most sense for each board and building.

The following suggested protocols and steps are built around recommendations from the Centers for Disease Control (CDC).  

Resident Communication Regarding Potential or Actual Infections:

Based on the criteria provided by the CDC, if you have or potentially have been infected by the COVID-19 virus, please notify your primary health care provider and FILL IN:  GENERAL MANAGER NAME in the Management office.  FILL IN:  GENERAL MANAGER NAME will respect your privacy and identity, but will be able to take steps to assist you and to implement precautionary & preventative measures for the community as a whole.  

The following is the criteria from the CDC.  If you fit any of these criteria, please contact FILL IN:  GENERAL MANAGER NAME:

• You have traveled within the past 14 days to any of the CDC Risk Level 3 countries, which currently include: 

• China
• Europe
• Iran
• Ireland
• Malaysia
• South Korea
• United Kingdom

• You know that you have been in direct contact with a person who has contracted COVID-19
• You have symptoms of the COVID-19 infection and you do not have a diagnosis from a medical professional.  Symptoms include: 
  • Fever
  • Cough
  • Shortness of Breath
• You have a confirmed diagnosis from a medical professional for a COVID-19 infection

Management Response to Identified Residents:  

Direction from the CDC is that anyone who fits the above criteria should be quarantined for at least 14 days. If you, or anyone in your household, fit this criteria, please self-quarantine in your home or, if possible, in another location. 

If anyone is to be quarantined in the building, please follow the guidelines below:

• Notify the management office of any need to leave your unit and when you will return.  If possible, a 30 minute notice will be helpful.  Our team will takes steps, if possible, to arrange for an isolated elevator for you to use.   We can also take steps to disinfect and sanitize any portions of the building that might be affected in the path of travel.
• For garbage disposal, please schedule with management team to leave garbage bags outside your door.  We will arrange for disposal.
• Coordinate with the management team for deliveries, packages and groceries that you may have arranged.  We will deliver to your door and leave items outside your door.  Please do not retrieve these items until we have left the area.
• Note that our management team will not enter any units where there is a quarantine. If there is an emergency, we will take steps to follow CDC guidelines.

We know that if you are under quarantine, it may be a time of heightened anxiety and concern for you.  We will do all we can to be helpful to you and compassionate about your situation.  At the same time, we want to take precautionary & preventative steps to protect other residents and our team so that we do not spread infections any further – and so that our team is able to continue to support you and all of the residents in the building.

These are quickly changing times and we will keep you updated as new information arises and if protocols need to be changed or augmented.  

Management Internal Protocol If a Resident a Lab-Confirmed COVID-19 Diagnosis:

1. Ensure that the Local Health Department is notified
2. Only notify personnel that need to know (Senior Manager, Matthew Holbrook, and Applicable Team Members) and instruct not to disclose the person’s identity or address
3. The community can be informed that a confirmed diagnosis has occurred in the community as long as the information is vague – DO NOT SHARE PERSONAL IDENTIFIABLE INFORMATION SUCH AS NAME OR ADDRESS
4. Follow the CDC guidelines for sanitization
5. Shred the written notification of the person’s name/address and delete any e-mails with the person’s name/address
6. Infected person should be self-quarantined for at least 14 days
7. Verify with your Local Health Department upon a lab-confirmed diagnosis as they should provide guidance on a case-by-case basis regarding how much information can/should be shared with the community.

HIPAA COMPLIANCE

Thoughtful questions have been raised regarding HIPAA compliance amidst the COVID-19 situation. Please provide the questions and answers below to your Boards via e-mail or in your next Management Report:

Which Government Agencies Are Responsible for HIPAA Compliance?

HIPAA Compliance ultimately falls under the jurisdiction of the Federal Department of Health & Human Services (HHS) Office for Civil Rights (OCR). Enforcement is carried out by the California Department of Public Health as well as Local Health Departments. 

Does the HIPAA Privacy Act Even Apply to Action?

It does not appear that the HIPAA Privacy Act applies to Action since Action is not a health plan, health care clearinghouse, health care provider, or Business Associate. A Business Associate is defined as a company that performs functions that require the transmission of protected health information to a health plan, health care clearinghouse, or health care provider.

If HIPAA Does Apply, Which Sanctions & Penalties Have Currently Been Waived?

• the requirements to obtain a patient’s agreement to speak with family members or friends involved in the patient’s care. See 45 CFR 164.510(b).
• the requirement to honor a request to opt out of the facility directory. See 45 CFR 164.510(a).
• the requirement to distribute a notice of privacy practices. See 45 CFR 164.520.
• the patient’s right to request privacy restrictions. See 45 CFR 164.522(a).
• the patient’s right to request confidential communications. See 45 CFR 164.522(b).

See the HHS Full Waiver here: https://www.hhs.gov/sites/default/files/hipaa-and-covid-19-limited-hipaa-waiver-bulletin-508.pdf

If HIPAA Does Apply, Is Management Allowed to Notify the Local Health Department?

It appears that Management is allowed to notify the local health department of the person’s name & address, if informed of a COVID-19 diagnosis.

If HIPAA Does Apply, Is Management Allowed to Notify Other Residents in the Community of a Lab-Confirmed Diagnosis?

While we are not permitted to publish the person’s name & address to the community, per the local health department we can communicate a vague message that there has been a lab-confirmed case and recommend people to follow the local health order and CDC guidelines. The local health department should also provide guidance on a case-by-case basis regarding how much information we can/should share with the community.

Is Management Allowed to Ask Residents to Notify Management If A Resident Is or Is Potentially Infected with COVID-19?

Based upon our research & discussions with the Department of Health & Human Services (HHS), OSHA, the California Department of Public Health, and the Orange County Health Department—it does appear that Management can ask residents to notify Management if they are or are potentially infected. It is the resident’s choice whether or not they choose to share this information.

Should Employees Notify Their Supervisor If They Have COVID-19 Symptoms?

Yes. Per the CDC’s Interim Guidance for Businesses and Employers, “Employees should notify their supervisor and stay home if they are sick.”

Boards are encouraged to consult association counsel and their local health department for confirmation of the above research and any additional inquiries.

Attached is a consolidated packet of legal newsletters from HOA attorneys regarding impacts of COVID-19 on operations.  Up to you as to how to use this.  It may contain some helpful info for some Board members.

Attached:

March 20, 2020 – LegalCoronavirusArticles.pdf

Preparation for Possible Building Shut-Down

What happens if there is an order that restricts or severely limits our team from being able to service your building?  How can we at least think through and prepare for such a possibility?

You might want to start by thinking about what you would consider the minimum amount of staffing necessary to keep the building operating.  For example, if you currently have 2 Front Desk Associates per shift during the day and a Doorman, you could probably go down to just one Front Desk Associate.  We suggest you write this out in a simple form so that you can discuss with your Board as an emergency plan.

The reduced staffing model is intended to be only for a scenario in which it is situationally required or mandated.

Some considerations and actions:

1. If needed, General Managers and some other staff could work from home to support the building operations.  
   1. What would this look like for your building?  
   2. Who would be able to work from home starting tomorrow?
   3. Where would phone calls go?  How could they be processed?
2. What building operations can be reviewed with a Board member or committee member to provide familiarity in case we are limited in our on-site presence?  
   1. Talk to your Board members to identify one or more members who could be given this information.  
   2. Prepare documentation as much as possible for building operations in this scenario.
   3. Some operational steps to review with a volunteer:
      1. KeyTrack (or similar) – how do they gain access?
      2. Package delivery and tracking – how does our On-Site Portal work?
      3. Food service delivery – have they adopted a policy that owners must receive their own deliveries in the lobby?  Maybe they should consider it.
      4. Key building mechanical information.  
         1. Arrange a basic tour with volunteer and building engineer.  Consider the following:
            1. Where’s the Fire Control Room?  How do you make an announcement?
            2. Where are the domestic water booster pumps?
            3. HVAC system – brief overview of cooling towers/boilers. If people don’t have heat, how to tell if the boilers are on to report to your Engineer who would not be on-site at the time?
            4. Do you have a flood response kit?  Where is it?
            5. Where are the domestic hot water boilers? How can you tell if they are working normally?
3. What needs to be considered regarding refuse in this scenario?
4. What needs to be considered regarding moves in/out in this scenario?
5. Is there a scenario in which we would look for any staff members to live at the building for a period of time?  (In the club room or other suitable space?)  If so, what preparation would be needed?
6. Develop a Communication Plan
   1. What do residents need to know in this scenario?

See below for our recommended communication to residents regarding potential or actual COVID-19 infections in your community.  Please do the following:

1. Read through carefully and make sure that this message makes sense and works for your building
2. Fill in the blanks with the appropriate names or departments
3. Once you have edited, get approval from your board to distribute to your residents and owners
4. Once you have board approval, send to your residents and owners

In addition, please take the following steps with your team:

• Coordinate with your janitorial team about sanitization of the ingress and egress of any quarantined person
• Give instructions to your team about deliveries to quarantined units.  They are not to enter units and they are to leave deliveries at the door – notifying the resident of the deliveries by phone.
• Give instruction to your team about trash removal from quarantined units.  Quarantined residents should leave bags of trash outside their door and notify your team to pick up.  Team members should retrieve the bags of trash when notified, using new gloves and disposing of gloves immediately after disposal of trash.
• Team members should not be entering quarantined units except in emergency. In an emergency, team members should only enter a unit if they can maintain social distance of 6 feet.  
• It would be appropriate to also restrict team members from entering any unit at this time, unless in an emergency.

Here is the recommended email to residents:

Dear Resident – 

The highest priority for your management team and Board of Directors is to do what we can to preserve the health and safety of the residents, guests and team members in this building.  With that in mind, we have established protocols to respond to potential and actual infections of the COVID-19 virus in this building. The following protocols and steps are built around recommendations from the Centers for Disease Control (CDC).  Here is what you should know:

Identification of Potential or Actual Infections:

Based on the criteria provided by the CDC, if you have or potentially have been infected by the COVID-19 virus, please notify General Manager FILL IN:  GENERAL MANAGER NAME in the Management office.  FILL IN:  GENERAL MANAGER NAME will respect your privacy and identity, but will be able to take steps to assist you and to implement precautionary and preventative measures for the community as a whole.  

The following is the criteria from the CDC.  If you fit any of this criteria, please contact FILL IN:  GENERAL MANAGER NAME:

• You have traveled within the past 14 days to any of the CDC Risk Level 3 countries, which currently include: 
  • China
  • Iran
  • South Korea
  • Europe
• You know that you have been in direct contact with a person who has contracted COVID-19
• You have symptoms of the COVID-19 infection and you do not have a diagnosis from a medical professional.  Symptoms include: 
  • Fever
  • Cough
  • Shortness of Breath
• You have a confirmed diagnosis from a medical professional for a COVID-19 infection

Management Response to Identified Residents:  

Direction from the CDC is that anyone who fits the above criteria should be quarantined for at least 14 days.   If you, or anyone in your household, fit this criteria, please self-quarantine in your home or, if possible, in another location.  

If anyone is to be quarantined in the building, please follow the following guidelines:

• Notify the management office or _____________ of any need to leave your unit and when you will return.  If possible, a 30 minute notice will be helpful.  Our team will takes steps, if possible, to arrange for an isolated elevator for you to use.   We can also take steps to disinfect and sanitize any portions of the building that might be affected in the path of travel.
• For garbage disposal, please schedule with management team to leave garbage bags outside your door.  We will arrange for disposal.
• Coordinate with the management team for deliveries, packages and groceries that you may have arranged.  We will deliver to your door and leave items outside your door.  Please do not retrieve these items until we have left the area.
• Note that our management team will not enter any units where there is a quarantine. If there is an emergency, we will take steps to follow CDC guidelines.

For all residents, we want to encourage you to call the management office or the front desk instead of coming in person whenever possible.  We want to all do our part to maintain social distancing.

We know that if you are under quarantine, it may be a time of heightened anxiety and concern for you.  We will do all we can to be helpful to you and compassionate about your situation.  At the same time, we want to take precautionary and preventative steps to protect other residents and our team so that we do not spread infections any further – and so that our team is able to continue to support you and all of the residents in the building.

These are quickly changing times and we will keep you updated as new information arises and if protocols need to be changed or augmented.  

Thank you.

Board Meeting – Conference Calls

Executive Session

1. Post Agenda and Note that Executive Session will be a Telephonic Meeting
2. Provide your normal call-in number and access code to Board Members. 
3. When you call in as the host, enter in the three items below:
   • Access Code (6 Digits)
   • Host Code (4 Digits)
   • Billing Code = Association Code (4 Digits) *Very Important!*

Regular Session

1. Post Agenda and Note that Regular Session will be a Telephonic Meeting.
   • Include Conference Call-In Number & Access Code on Agenda.
2. Use a different conference call line for Regular Session
   • (obtain secondary conference call code by contacting IT)  *Very Important!*
3. When you call in as the host, enter in the three items below:
   • Secondary Access Code (6 Digits)
   • Secondary Host Code (4 Digits)
   • Billing Code = Association Code (4 Digits) *Very Important!*

Notes

• As the host, dial “1*” during the conference to mute/unmute all callers
  • Individual callers can mute/unmute their own lines by dialing “4*”

• You can mute/unmute particular attendees through the web portal if you log in to https://www.conferencecalling.com/

• As a Manager, at most you should only need a total of two conference call access codes.

• Billing/Assoc. Code found on Mgmt. App

Hi Managers – 

Thank you for your diligence in caring for your team members and your communities.  I am seeing and hearing examples of our values lived out everywhere.  I am especially loving the innovation and creativity being exhibited to find solutions to various challenges related to the virus.  Here are some notes to consider:

1. We are recommending that all Board meetings be held by phone.  You need your Board to approve this.  See attached for guidelines about Board meetings by phone.  There is a lot of helpful info in this attachment. You can forward to Board.
   1. You can get conference call support from IT.  Be sure to use different call-in information for Executive and Regular sessions.  See attachment for mechanics of setting up Executive and Regular Session Meetings by phone.
   2. If your association uses the facilities of another HOA for Board meetings, check immediately to see if that facility is still available to you.  Many HOAs are prohibiting the use of these facilities by other HOAs.
2. We are recommending that all hearings and committee meetings either be postponed or scheduled to be held by phone.  Committee meetings can be held by phone in the same way as Board meetings (but without the same notice requirements).  Hearings can also be held by phone, but that can require some additional steps.  If possible, we recommend to postpone hearings.  If you need to schedule hearings by phone, contact IT for direction.  (Note:  IT is working out steps to do this.  Wait until Tuesday to ask them about this.)
3. We are recommending that Boards at least discuss and consider closing pools, club rooms and other amenities.  At the very least, the areas need deeper cleanings. Ultimately, though, this is a Board decision.
4. On-Sites:  
   1. Recommend that your janitorial service is increased to provide extra cleanings of desks, door handles, and other commonly touched surfaces.
   2. Make sure that your front desk is supplied with hand sanitizer, gloves, and disinfectant spray.
   3. Work to find ways for all of your staff to keep 6 feet away from other people
   4. Keep staff from entering any units
   5. Believe there is a better way!  There are ways that front desks can operate safely within the recommended guidelines – and still perform their jobs – and still get a paycheck!  Find creative solutions.  They will be different in every situation, but create temporary new protocols like:
      1. Keep residents/guests six feet away from front desk to ask questions, etc.
      2. Keep front desk staff behind the desk.
      3. Clean desk with sanitizer every time personnel change at a desk
      4. Find ways to distribute packages while maintaining 6 foot separation
      5. Ensure that staff wears gloves
5. If there is an infection reported in your community/building:
   1. Notify your Senior Manager
   2. Notify Matthew Holbrook
   3. Notify your Local Health Department (reference attached list)
   4. Follow Health Department Recommendations while keeping your Senior Manager & Matthew Holbrook updated
   5. Keep confidential the identity of anyone infected
6. Work-at-home is to be encouraged, but:
   1. That option must be approved by your Department/Division Head
   2. Is limited to team members who have Action-issued lap tops unless approved by Department/Division Head, Paul Firth AND Brad Perry
7. If there are requests that you need for any resource supplies, go through your supervisor.  Your supervisor can then coordinate with IT or Nicole for any needed resources.

Again, thank you all for all you are doing!  Please continue to send me input and recommendations.  Thank you!

Matthew

Action Property Management Recommendation

Open Board Meetings: COVID-19 Options

The following is provided by the law firm of Whitney Petchul:

Option #1 – Postpone any non-essential Board meetings, and reschedule at a later date.

Option #2 – Hold Executive Session Meetings only, as necessary, via teleconference, with Board members and management only; postpone any non-essential hearings with owners.

Option #3 – Continue with Open Board Meetings, at which Board members (and possibly members) participate via teleconference, via one of the following Options:

Pursuant to Civil Code Section 4925, the Association is required to allow members to attend and to speak at any Board meeting (subject to reasonable time limits).  As such, the Telephonic meeting-related options are as follows:

Option 1 – In person attendance by Members; fully compliant with open meeting legal requirements.

• Provide a notice of the Board meeting that identifies a physical location where members may attend to hear and be heard on the teleconference.  
• Designate a Board member or other person to be present at the location identified for the members. 

IMPORTANT, the attendee at the physical location for members IS NOT required to be the community manager and is not required to be a member of the association. However, the designated person should a) be capable of operating the speaker phone (or other device utilized for the transmission of the Teleconference), to assure that any member that attends at that location is able to hear all parties to the Telephonic meeting and b) should be familiar with how the meeting will be conducted and the specific rights of members to speak (and the limitations to that right).   Members can be encouraged not to attend. However, the only means for those members to participate in the meeting or to hear the meeting would be for them to appear at the designated location in person.

This option is fully compliant with the legal requirements of the Davis Stirling Act.  However, it will, effectively, encourage members of the association to congregate, and mandate that one other person attend in a manner that is not recommended at this stage of our worldwide pandemic. 

Option 2 – Members may attend in person or join the Teleconference; fully compliant with open meeting legal requirements.  

• Provide notice of the Board meeting that identifies a physical location were members can attend to hear and be heard on the teleconference.
• Arrange for a designated person to attend that location, but encourage members not to physically attend.    
• Provide members, in the same notice, a call-in number and code to participate in the meeting via teleconference (rather than in person).

This option is fully compliant with the legal requirements of the Davis Stirling Act inasmuch as the physical location is being provided as required by Civil Code 4090. However, by providing the call-in number and code, the probability of attendance at the designated location is significantly reduced.  That said, there is still the potential that it will provide some encouragement to members of the association to congregate, and mandate that one other person to attend in a manner that is not recommended at this stage of our worldwide pandemic.  

An added challenge created by this option is that providing a call-in number and code to members drastically increases the probability of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary,  the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com. 

Other challenges that arise with this option are,  A) it may be difficult or impossible to verify that any given attendee is a member of the association and/or B) it will be impossible to avoid unauthorized recording of the meeting.  As such, if this option is utilized, it may warrant an introductory statement/warning crafted to mitigate those risks.  

Option 3.     Teleconference only; NOT fully compliant with open meeting laws but legal risk viewed as low in light of COVID-19 pandemic.  

• Provide notice of the Board meeting that does not provide a physical location and only provides teleconference meeting number and code.

This option IS NOT fully compliant with the law inasmuch as a physical location is not provided as referenced in Civil Code Section 4090.   However, in light of our worldwide pandemic and the actions that have been taken by world organizations and our federal, state and local governments (including the March 13, 2020 declaration of a National Emergency), it is generally viewed as unlikely that any court would take any action against an association for this strategy, particularly if members can hear and appropriately participate on the Teleconference.  

An added challenge created by this option is that providing a call-in number and code to members drastically increases the probability of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary,  the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com. 

If this option is utilized, boards should consider, to the extent feasible, delaying larger or more controversial board decisions, projects or changes until they can be addressed at a meeting that is fully compliant with the express requirements for open meetings, or it is established that the exigency of the particular action or project cannot be reasonably delayed any further. Boards should also consider ratifying all actions taken at these meetings at the next meeting the associations conducts that fully complies with the open meeting act (traditional in-person meetings, or meetings conducted pursuant to options 1 or 2, above).

An added challenge with this option is that providing a call-in number and code to members drastically increases the probabilities of inappropriate disruption by attending members (in a situation where it might be difficult or impossible to know which member is doing so).  That said, certain economical teleconference services offer host controls that allow selective muting of attending members (such that, after membership commentary, the lines of all attendees other than the board members can be muted).  One such service is FreeConferenceCall.com.

Other challenges with this option are a) it may be difficult or impossible to verify that any given attendee is a member of the association and/or b) it will be impossible to avoid unauthorized recording of the meeting.  As such, if this option is utilized, it may warrant an introductory statement/warning crafted to mitigate those risks.