Ways to stay vigilant and keep residents safe.
Good news. The city mandate requiring restaurants, entertainment venues and fitness centers to check for proof of vaccination against COVID-19 that went into effect in September 2021 begs a question: Must boards now require verification in order for residents to be able to use the gyms in their buildings? The answer is no. “The guidelines clearly state that fitness centers located in private residential buildings, including co-ops and condos, are exempted from the requirement,” says Eric Goidel, a partner at the law firm Borah, Goldstein, Altschuler, Nahins & Goidel.
Papers, please. Despite the free pass, many buildings are playing it safe. Christina Forbes, a senior vice president of property management at FirstService Residential, is using an honor system of sorts at the company’s buildings. “We’re not requiring proof of vaccination from residents, but we are asking that they get proof from people if they’re bringing in outside guests or hiring a trainer,” she says.
For its part, Ferrara Management has created an online portal where residents must first upload their vaccination certificates before they can schedule gym visits. “Visits are still by appointment only to keep the numbers down, but with this system we know everyone is vaccinated, so we can allow more people to work out at the same time,” says Robert Ferrara, the company’s president.
Under lock and key. The board at 25 Fifth Avenue, a condo on the Gold Coast just north of Washington Square Park, has taken things a step further. While the city requires proof of at least one vaccination dose, “we have a lock on the door to the fitness center that requires a code which is only given out to residents who have submitted proof of full vaccination to our management company,” says Kelli Roiter, a board member. “We have also increased our cleaning schedule and installed a new air purifier for an additional layer of protection.”
Don’t overreach. While buildings are entitled to set more stringent vaccination verification rules than those outlined by the city, Goidel advises proceeding carefully. “You don’t want to impose stricter regulations where you have to demand and maintain records from residents,” he says. “Buildings that do so in a haphazard or negligent fashion may subject themselves to unnecessary liability.”