A week after attending a posh birthday party with a dozen friends in Napa Valley, Governor Newsom announced on Monday that 40 different California counties are rolling back to a more restrictive tier.   With this shift, Orange County joins San Diego, Los Angeles, Riverside and San Bernardino in the Purple Tier.  Said a different way, as of November 16, 2020, all of Southern California is now in the most restrictive Purple Tier.  Here is a summary of Purple Tier Restrictions.

Gyms: Where before under Red Status you could operate indoors with modifications and capacity of 10%, now under Purple Status you can operate outdoors only. Outdoor operations may be conducted under a tent, canopy, or other sun shelter so long as no more than one side is closed, allowing sufficient outdoor air movement. In addition, you must follow the State’s “COVID 19 INDUSTRY GUIDANCE: Fitness Facilities,” post a “COVID-19 General Checklist for Fitness Facilities,” and meet any local guidelines. 

Pools: Indoor swimming pools, hot tubs, saunas and steams rooms must remain closed.  Outdoor swimming pools may operate in accordance with the guidelines contained in the State’s “COVID-19 INDUSTRY GUIDANCE: Fitness Facilities” which includes specific “additional considerations” for operating “communal restrooms, shower facilities, swimming pools and aquatic venues.”

Hot Tubs: As we informed you last week, outdoor hot tubs may now be open as long as they are used only by a single household group at a time, or where six feet of social distancing can be maintained.  Be sure to follow the Industry Guidance for pools, referenced above.

Playgrounds and Golf Courses: Outdoor playgrounds can open with modifications. Be sure to follow the State’s Sept 28, 2020 correspondence regarding “Outdoor Playgrounds and other Outdoor Recreational Facilities.”

Clubhouses, Restaurants and Bars: Where before under Red Status you could operate restaurants indoors with modifications and capacity was required to be limited to the lesser of 25% or 100 people, now under Purple Status you can only operate the restaurant outdoors with modifications. In addition, you must follow the State’s “COVID-19 INDUSTRY GUIDANCE: Restaurants, Bars, and Wineries” along with all local guidelines.  Bars and wineries (serving no food) regrettably remain closed.

If your community offers take-out dining, they must comply with both the State’s “COVID-19 INDUSTRY GUIDANCE: Restaurants providing takeout, drive-through, and delivery” protocols.

Onsite Management: The State continues to encourage “remote work” for non-essential workers. As we all know, association managers are essential and therefore offices remain open. Comply with the State’s “COVID-19 INDUSTRY GUIDANCE: Office Workspaces” and make all required postings.

We wish you all a happy Thanksgiving, especially during these challenging times.

Community Legal Advisors Inc.

Michael J. Alti, Esq.