Page 10 - NY Cooperator October 2020

TRENDS New York Gyms & Fitness Centers Cleared to Reopen ...But Questions of Liability Remain for Co-ops & Condos BY MASSIMO F. D’ANGELO 10 THE COOPERATOR — OCTOBER 2020 COOPERATOR.COM On August 17, 2020, Governor Andrew the pandemic—and certainly since its peak Cuomo announced that all gyms and fi t- ness centers in New York State may reopen very much ongoing. With no FDA-approved for operation on Wednesday, September 2, vaccine or drug yet available to combat the 2020. (Indoor group fi tness classes may be virus eff ectively, local health departments delayed beyond that date.) Upon reopening must strictly enforce guidelines to help pro- and until further notice, gyms and fi tness tect the public, and ensure that gyms and centers are required to operate at sharply re- duced capacity, and must strictly adhere to must do their part by cooperating. rigorous health and safety protocols, includ- ing requiring all users of the facility to wear quired local health department inspections, masks at all times. Th e purpose of this column is to outline termining whether to delay the reopening of the relevant New York State-mandated rules gyms and fi tness centers past the September and regulations governing the reopening of 2 date issued by the governor. Accordingly, gyms and fi tness centers, and to analyze the in New York City, it is Mayor Bill de Blasio potential liability for cooperatives and con- dominiums that opt to reopen their facilities should postpone reopening. Outside of New in the midst of the ongoing COVID-19 pan- demic. Governance & Guidelines In light of the fact that New York has body—will make that determination. Al- achieved and maintained daily positive CO- VID-19 test results below 1%—meaning that he would delay the reopening of fi tness that each infected person passes the virus on facilities in New York City past Governor to only one other person or less—the State Cuomo’s proposed date (continuing his on- has determined that local offi cials can allow going feud with the governor), the Mayor gyms and fi tness centers to reopen, so long ultimately agreed that gyms and fi tness cen- as spaces are capped at 33% capacity and all ters would indeed be cleared to reopen on users wear masks at all times. While gym- goers will no doubt greet this news with en- thusiasm, it’s crucial to remember that even gyms and fi tness centers—either prior to though COVID infection rates have been their reopening or within two weeks of re- substantially reduced since the beginning of opening, to ensure strict compliance with in NYC this past spring—the crisis is still fi tness centers reopen safely—and residents In order to provide suffi cient time for re- local elected offi cials have jurisdiction in de- who will determine whether fi tness facilities York City, a given county’s chief executive— the county executive, administrator, man- ager, or chair of the local elected legislative though Mayor de Blasio originally suggested September 2. Local health departments must inspect