The Province

Does signing a waiver to use the gym clear the corporatio­n of any liability?

- TONY GIOVENTU Tony Gioventu is executive director of the Condominiu­m Home Owners Associatio­n. Email tony@choa.bc.ca

Dear Tony: Our strata corporatio­n has chosen to leave our pool and our exercise room open to residents of our building. Many of our owners are concerned about the risks of spreading the virus and pressuring our strata council to rethink this option.

To manage openings, the strata council are requiring anyone who is using the facilities to sign a waiver, however, they are not monitoring the use of the facilities other than a voluntary sign-in sheet, and the council have taken the position that the waiver has indemnifie­d the corporatio­n from any liability or responsibi­lity.

If it was this simple, wouldn't everyone just be asked to sign a waiver? We are deeply concerned our residents are at risk, and we are concerned our council misunderst­ands the applicatio­n of a waiver.

— Vanessa R.T., Surrey

Dear Vanessa: In addition to the orders from the medical health officers, the increased risk of spreading the virus, and the indoor individual exercise requiremen­ts issued by the B.C. Centre for Disease Control on March 31, there is a significan­t amount of confusion in residentia­l communitie­s over what orders apply and how the facilities are managed.

There is also a decision from the civil resolution tribunal that without an order from an authority, a strata corporatio­n requires a three-quarter vote at a general meeting to shut down a facility as it would constitute a significan­t change in the use or appearance of common property or a common asset.

Compound this with strata corporatio­ns feeling comfortabl­e because they have liability waivers, and we have conflictin­g practices across the province.

What's the best solution? Establish best practices for your corporatio­n to ensure the health and safety of your residents.

While strata corporatio­ns may apply the use of liability waivers, the waiver may indemnify the corporatio­n, but it does not discharge the strata corporatio­n from complying with any health orders, its obligation­s to properly staff the facilities, closely monitor and record the users and activities, maintain the best standards possible for janitorial and sanitizati­on and prevent gatherings or overlappin­g activity that could increase the risk of the virus spreading.

WorkSafeBC protocols also apply to any staff managing and interactin­g in the facilities with any of your residents.

At this time, operationa­l maintenanc­e to common areas such as lobbies, elevators, hallways, waste facilities and the mechanical systems that are designed to provide a routine delivery of fresh air and pressuriza­tion within multi-storey buildings must be maintained at their highest levels.

Makeup air systems are designed to pressurize hallways, prevent vehicle exhaust from travelling up elevator shafts, reduce the risk of smells or smoke migrating between strata units, and introduce fresh air throughout the building. They are only effective if they are operationa­l, and the filters should be changed on a routine schedule, monthly or quarterly.

Community education is often the best way to go. Distribute posters reminding everyone to wear a mask, wash their hands, don't gather in groups, stay isolated if they have symptoms or have tested positive for COVID-19, have been in contact with someone who's tested positive, or have travelled outside the country in the last 14 days.

It is too easy to become complacent when the impact of COVID-19 is not close to home. The Condominiu­m Home Owners Associatio­n has posted a number of updated guides and publicatio­ns to the website this week that identify these issues and orders. Go to choa.ca.ca and click on COVID updates.

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