Condo Media - July 2020 - 22

Forward Thinking

EMERGING FROM
THE PANDEMIC

MAY BE AS CHALLENGING AS STEERING THROUGH IT

S

Steering their communities through the
COVID-19 pandemic hasn't been easy
for condominium boards and managers.
Navigating in the post-pandemic world
may not be any easier.
Many of the immediate challenges
will be financial. In addition to balancing pandemic-battered budgets (see
feature article on page 16) boards will
have to create new budgets for the
next fiscal year. Should those budgets
anticipate a return of the virus - with all
of the added costs and revenue pressures it has brought - or assume a more
normal financial picture?
Assuming the latter (a more normal
picture), many boards are flagging pandemic-related expenses they incurred
this year, Eric Fudeman, CPA, a partner
in Bloom Cohen Hayes LLC, reports, "so
they don't add in expenses they won't
be seeing next year."
But some communities may not be
able to return quickly to pre-pandemic
cleaning levels because owners' concerns about the virus may persist after
the contagion risks have receded.
"Some owners will expect a much
higher level of sanitation than before,"
Bryan Hughes, New England President
for First Service Residential, notes.
And boards will have to be sensitive to
those concerns. They will also have to
consider the cost of those enhanced
sanitation services.
PERSISTENT GAPS
While the financial pressures many
communities experienced may ease as
lockdowns end and residents return

22

CONDOMEDIA July 2020

to work, budget gaps may persist for
a while because even in a best-case
economic forecast (and we haven't
seen many of those) it is going to take a
while for owners who fell behind in their
association payments to catch up.
"Some owners may be demanding a
30 percent increase in cleaning expenses when revenues have declined by
that much," Hughes notes. Boards, he
suggests, will have to approach budgeting issues "holistically," evaluating
what owners want, what the community
needs, and what the association can reasonably afford. There aren't likely to be
easy answers to any of those questions.
Another difficult question boards
will confront is when to open amenities
closed during the pandemic and how
to manage that process. This is partly
a financial issue - those amenities will
have to be cleaned intensively and
frequently to protect users - but it
also has legal implications. Some
residents will demand immediate and
full access to gyms and other facilities while others may insist that safety
requires limiting access or keeping
the facilities closed, creating damnedif-you-do and damned-if-you-don't
liability risks for boards.
MANAGING LIABILITY RISKS
Association attorneys say boards
can manage these risks by adopting
common-sense procedures and following the guidelines issued by local,
state, and federal authorities. "They
want to come out of the pandemic the
same way they went into it," Thomas

Moriarty, a principal in Moriarty Troyer
& Malloy LLC, advises, "by mirroring
as closely as possible the guidance
issued by commonly accepted authoritative sources."
Because boards have broad discretion to control the common areas, he
thinks it is unlikely that owners who
complain they were denied the use
of amenities for which they are paying
will prevail against a board's argument
that the restrictions imposed were required to protect the health and safety
of residents.
Owners who allege that they were
sickened by using shared equipment
will also have an uphill legal battle,
Moriarty believes. That is partly because it will be difficult to prove with
certainty where an infected individual
was exposed. But it is also because
"boards aren't required to maintain
facilities in a way that guarantees no
one will be infected by using them.
They are only required to take reasonable steps to prevent infection,"
Moriarty emphasizes.
"Boards will be judged by a reasonableness standard," David Uitti, a principal in Mirrione, Shaughnessy & Uitti,
LLC, agrees. And what is reasonable,
he notes, will depend on the nature of
the amenity and on the community's
finances. "A small exercise room may
require a lower occupancy limit than
official guidelines allow," he explains,
while financial constraints might require
a board to keep an amenity closed even
though official guidelines would allow it
to be reopened.



Condo Media - July 2020

Table of Contents for the Digital Edition of Condo Media - July 2020

Contents
Condo Media - July 2020 - Cover1
Condo Media - July 2020 - Cover2
Condo Media - July 2020 - Contents
Condo Media - July 2020 - 2
Condo Media - July 2020 - 3
Condo Media - July 2020 - 4
Condo Media - July 2020 - 5
Condo Media - July 2020 - 6
Condo Media - July 2020 - 7
Condo Media - July 2020 - 8
Condo Media - July 2020 - 9
Condo Media - July 2020 - 10
Condo Media - July 2020 - 11
Condo Media - July 2020 - 12
Condo Media - July 2020 - 13
Condo Media - July 2020 - 14
Condo Media - July 2020 - 15
Condo Media - July 2020 - 16
Condo Media - July 2020 - 17
Condo Media - July 2020 - 18
Condo Media - July 2020 - 19
Condo Media - July 2020 - 20
Condo Media - July 2020 - 21
Condo Media - July 2020 - 22
Condo Media - July 2020 - 23
Condo Media - July 2020 - 24
Condo Media - July 2020 - 25
Condo Media - July 2020 - 26
Condo Media - July 2020 - 27
Condo Media - July 2020 - 28
Condo Media - July 2020 - 29
Condo Media - July 2020 - 30
Condo Media - July 2020 - 31
Condo Media - July 2020 - 32
Condo Media - July 2020 - 33
Condo Media - July 2020 - 34
Condo Media - July 2020 - 35
Condo Media - July 2020 - 36
Condo Media - July 2020 - 37
Condo Media - July 2020 - 38
Condo Media - July 2020 - 39
Condo Media - July 2020 - 40
Condo Media - July 2020 - 41
Condo Media - July 2020 - 42
Condo Media - July 2020 - 43
Condo Media - July 2020 - 44
Condo Media - July 2020 - 45
Condo Media - July 2020 - 46
Condo Media - July 2020 - 47
Condo Media - July 2020 - 48
Condo Media - July 2020 - Cover3
Condo Media - July 2020 - Cover4
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202109
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202108
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202107
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202106
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202105
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202104
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202103
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202102
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202101
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202012
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202011
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202010
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202009
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202008
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202007
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202006
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202005
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202004
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202003
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202002
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202001
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201912
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911_v2
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201910
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201909
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201908
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201907
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201906
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201905
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201904
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201903
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201902
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201901
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201812
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201811
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201810
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201809
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201808
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201807
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201806
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201805
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201804
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201803
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201802
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201801
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201712
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201711
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201710
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201709
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201708
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201707
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201706
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201705
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201704
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201703
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201702
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201701
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201612
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201611
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201610
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201609
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201608
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201607
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201606
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201605
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201604
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201603
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201602
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201601
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201512
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201511
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201510
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201509
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201508
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201507
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201506
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201505
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201504
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201503
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201502
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201501
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201412
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201411
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201410
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201409
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201408
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201407
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201406
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201405
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201404
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201403
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201402
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201401
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201312
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201311
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201310
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201309
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201308
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201307
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201306
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201305
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201304
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201303
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201302
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201301
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201212
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201211
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201210
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201209
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201208
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201207
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201206
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201205
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201204
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201203
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201202
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201201
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201112
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201111
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201110
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201109
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201108
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201107
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201106
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201105
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201104
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201103
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201102
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201101
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201012
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201011
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201010
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201009
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201008
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201007
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201006
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201005
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200904
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201003
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201002
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201001
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200912
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200911
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200910
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200909
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200908
https://www.nxtbookmedia.com