As the positivity rate of COVID-19 increased substantially over the past couple months, the City of Boston was keen to adopt new guidelines to require proof of vaccination for certain indoor spaces in Boston, in addition to maintaining the city’s indoor mask mandate. We recognize that questions are likely to arise related to the applicability of this new mandate to your condominium, and we are available to address those questions.

The Order defines “covered premises” as “any location, except a location in a residential or office building the use of which is limited to residents, owners, or tenants of that building, colleges or universities that have a vaccination requirement covering staff and students, or any other site that is otherwise not open to the general public” that is used for (i) food services, (ii) entertainment, or (iii) fitness.

On December 20, 2021, the Boston Public Health Commission (“BPHC”) issued a public health order (“Order”), which went into effect on January 15, 2022. The Order requires proof of one (1) dose of the vaccination for those twelve (12) and older to enter the premises of any “covered premises” beginning on January 15, 2022. Then, on February 15, 2022, proof of full vaccination will be required. Children between the ages of 5 and 11 must show proof of one (1) dose of the vaccination by March 1, 2022, with proof of full vaccination by May 1, 2022. The City of Boston will be ensuring compliance through any and all mechanisms authorized by law, including the assessment of fines up to $300 for any violation.

The Order defines “covered premises” as “any location, except a location in a residential or office building the use of which is limited to residents, owners, or tenants of that building, colleges or universities that have a vaccination requirement covering staff and students, or any other site that is otherwise not open to the general public” that is used for (i) food services, (ii) entertainment, or (iii) fitness.

Typically, a residential condominium is confined to its own building, or in a portion of a mixed-use building, that prohibits use of its facilities by the general public. As such, pursuant to its language, the Order appears to exclude all residential buildings, or portions of residential buildings, that are not open to the general public and where use is limited to just residents, owners and tenants of the building. This interpretation was confirmed by the BPHC in a webinar discussing the Order, in which they directed that common areas of a residential condominium building are not covered by the Order, unless the common areas of the condominium are being used as event space or for fitness activities. In reliance on the definition of “covered premises,” the BPHC further refined its opinion to provide that residential fitness centers are not covered and, thus, not subject to the vaccine mandate.

As this Order has recently gone into effect, and additional and specific guidance may be forthcoming from BPHC, we are available to address any and all inquiries associated with the applicability of this Order and your condominium. As always, given the ever-changing nature of the COVID-19 pandemic and the issuance of new guidance, orders, mandates and advisories that concern it, please contact us to ensure that you have the most up to date information and guidance about your responsibility as an association or employer.