Enforcing COVID-19 mask wearing

Our residenital building is located in Cook County, IL and recently a unit owner got onto our case about mask wearing in common areas.
I know I know, COVID this, Vaccine that, but how do we actually respond to this - like legally?

As far as I know, HOA officers don't have the jurisdiction to enforce these laws on their unit owners.
I am also aware that unit owners have the freedom to use the common areas to go about their usual duties.

I don't want to start a lawsuit, but I don't want people to think we can enforce things we cannot.

Here is the link, which you can use "multi-unit residential buildings" to search and find the part pertaining to condos.
https://cookcountypublichealth.org/wp-content/uploads/2021/08/CCDPH-Press-Release-Cook-County-Department-of-Public-Health-Mandates-Indoor-Mask-Wearing-20Aug2021.pdf

Help?

If it's a lawsuit you are concerned about, There is no legal grounds for someone to sue an entity or individual due to covid related infections.

If you have signs posted about mask wearing requirements, you should be OK. I don't know if this is something local law enforcement or the heath department would touch because even common areas in a condo
building are considered the residents home, and there is no legal standing that people need to wear a mask inside their home.

The issue is not about if owners want to wear a mask or not, but if they HAVE to. I mean "HAVE" as in "LEGALLY."

I am actually now learning that Cook County exempts residential buildings in the most recent mandate: https://cookcountypublichealth.org/wp-content/uploads/2021/12/CCDPH-COVID-Order-2021-11_122321.pdf

You may need to consult your association attorney - or you could review this link from a Chicago HOA law firm that indicates the mask mandate DOESN'T apply to "locations in residential or office buildings the use of which is limited to residents, owners, or tenants of that building" - https://www.lplegal.com/content/city-of-chicago-mandate-vaccination-indoor-public-places.html

You indicate this resident is upset about people not wearing a mask when in common areas like the hallway, so you could refer him/her to this - and then ask how he/she proposes the HOA enforce a mask mandate. It would likely mean posting people everywhere to watch who comes in and out, which would cost money. And what if the person isn't a resident - will he/she be tossed out of the building?

Sometimes you can't protect people from themselves, nor will you always prevent a lawsuit. People threaten lawsuits all the time, but there's a difference between threats and actually carrying out the threat, not to mention there's a 50/50 chance of winning the lawsuit. And what, pray, will the person be asking for in the way of damage? It's best to simply encourage people to wear a mask just to be cautious, but note this is WAY about the HOA Board's pay grade.

All of that said- this "I don't wanna wear a mask because of much freedumbs!" is part of the reason why we're going into another year of this. For all the people who don't want to wear a mask - or get vaccinated - or practice social distancing, I'd like for them to tell me how in the hell do they suggest we get past this?? Personally, I think COVID will be something we have to live with, but I would hope people would take steps to help us get to the place where we can take a vaccine every year like the flu shot and be done with it. I

This is a tough one because you can't force people to wear masks. There should be signage in the common area letting owners know that masks are required.

You could try issuing fines to offenders, but if you are truly concerned the best thing to do is speak to an attorney about how to address this issue.