CDC Updates Masking Guidance; State Of Illinois And City Of Chicago Mask Mandates Officially Lifted On February 28, 2022 – What Do Community Associations Need To Know?

Updated CDC Guidance Regarding Masking

On February 25, 2022, the CDC announced updated and relaxed guidance regarding indoor masking. The new CDC guidance (available here) classifies COVID-19 community levels as either “low”, “medium” or “high”. The classification is based on three community metrics: (i) new COVID-19 hospital admissions per 100,000 persons in the past 7 days; (ii) percent of staffed inpatient beds occupied by COVID-19 patients; and (iii) total new COVID-19 cases per 100,000 population in the past 7 days. The new CDC guidance regarding wearing masks in indoor public settings, such as indoor common element areas and amenities, is based on the COVID-19 community levels and is summarized as follows:

At present, Cook County’s COVID-19 community level is classified as low. If any of the three community metrics change in Cook County in the weeks or months ahead, Cook County’s COVID-19 community level may be adjusted by the CDC and thus masking guidance may shift as well. Note: The new CDC guidance also provides that “At all levels, people can wear a mask based on personal preference, informed by personal level of risk.”

State of Illinois and City of Chicago Indoor Mask Mandates Officially Lifted as of February 28, 2022:

As expected, effective February 28, 2022, the statewide and City of Chicago indoor mask mandates have been lifted except for certain venues such as hospitals and public transit. As such, the State and Citywide requirements to wear masks in indoor common element areas and amenities are no longer in place. Click here for text of the repeal of the City of Chicago indoor mask mandate. Click here for text of the repeal of the State of Illinois indoor mask mandate (rescinding Section 1 of Executive Order 2021-22).

While community association boards still have authority to continue requiring masks in indoor common element areas and amenities (should they elect to do so), given the updated CDC guidance regarding wearing masks indoors in congregate settings and the repeal of the Illinois and City of Chicago indoor mask mandates, at present there is little basis for community associations to keep their indoor mask mandates in place (or institute a new indoor mask mandate). As long as the current metrics remain in place, it is reasonable for community association boards to repeal their indoor mask mandates for indoor common element areas and amenities (i.e., masks would be optional for owners, residents, renters, guests and invitees) as well as modify any temporary COVID-19 protocols, as appropriate, while continuing to monitor metrics prospectively for any changes that could require another pivot in COVID-19 protocols. 

LP is committed to keeping our community association clients updated, informed, and prepared to proactively navigate the COVID-19 pandemic. For questions about handling specific issues related to COVID-19 in your community association, please contact Howard Dakoff, Laura Marinelli, Adam Kahn, or Molly Mackey of LP’s Community Association Group.