Here's a loaded question - are clubhouses considered a public space?

Delaware is, again, under a mask mandate for the foreseeable future. The last time we were under a mask mandate our clubhouse was not yet open, so we had no issue. Now we have disagreement among residents and committee members about whether or not the mask mandate applies to our clubhouse. At the end of this post I have the verbiage from the state order.

My understanding is the HOA amenities are generally exempt from ADA laws as they are not a "public accommodation." Hence our swimming pools are not wheelchair accessible. But I'm not sure if this would apply to a mask mandate that applies to "space open to the public."

“Business or space open to the public” means any spaces, whether publicly owned or privately owned, where the public has access by right or invitation,
express or implied, whether by payment of money or not, or that is open to employees, contractors, or volunteers. In addition to the public areas of
businesses, such spaces may include, but are not limited to, building lobbies or common spaces, elevators, hallways, bathrooms, and buildings or meeting
rooms where people gather for business, social, civic, cultural, or while traveling by taxi, bus, train, car service, ride-sharing or similar service. "

On this issue, I do not think anything except your HOA attorney's opinion will count for anything.

If the public has access to the clubhouse (as in I could drive to your HOA and walk into the clubhouse, without a key, magnetic yada access card or similar), I say the state's mask mandate applies. If employees per chance are working in the clubhouse, this would especially influence my vote in favor of masks.

I agree that many and possibly all HOA amenities are exempt from ADA laws. But Fair Housing laws and a state or city's laws (on, say, parking) often have the same effect as ADA laws.

With Augustin, unless non-residents and non-staff have access to your clubhouse, it is not public. One reason some in HOAs get confused is b/c some term an Association's common areas "public areas."

Our Board voted and decided to in general follow our county's lead re: Covid. So, we do require masks in our interior common areas except the gym while actively working out. This is especially important in our elevator building. All vendors and staff are required to wear masks throughout the premises.

It is a board decision based on your attorney's advice.

Rather than paying for an attorney consultation, you should be able to write to the entity that enforces the mask mandate, tell them your situation, and they will tell you whether it applies. That would be a no cost option.

We have an office where our property manager is on-site three days a week.

We have a janitorial service that comes in once a week.

CYA and spend the small amount of money for your councils opinion. HOA's are private property and are not open to the general public and not subject to public area mandates. Common areas can be considered an extension of ones home.

Our HOA can enforce our mandate/rule that masks be worn in interior common areas by every person, Melissa. Luckily, everyone has been very cooperative. Now & then, a resident will simply tell someone, usually a visitor, to put on their mask, which usually is visible.

In our elevator building, masks are really important. No one has used our Party Room and if someone did, since they must pay and leave a deposit it'd be up to them if they wanted their guests inside the room to be masked.