Law Offices of Scott M. Clark, PC
Date: April 1, 2020

COVID-19: Governor Ducey's Stay at Home Order
By: Christopher R. Walker

Dear Client(s):

On March 30, 2020 the Governor issued Executive Order 2020-18 which Arizonans were directed to limit their time away from their place of residence or property. Pursuant to the Governor’s Executive Order an individual is permitted to leave their place of residence or their property for the following reasons:

a. To conduct or participate in Essential Activities.
b. For employment, to volunteer or participate in Essential Functions (see Executive Order 2020-12).
c. To utilize any services or produces provides by Essential Businesses.
d. Employment, if as a sole practitioner or family owned business, work is conducted in a separate office space from your home and the business is not open to serve the public.

What does this Executive Order mean?
A person is entitled to do the following Essential Activities:
1. Procure necessary supplies for his or her family including groceries, household goods, and items needed to telecommute.
2. Obtain medical services or procure medicine.
3. Care for family members, friends, or pets in another household or residence.
4. Engage in outdoor exercise, provided social distancing practices are used.
5. Attend or conduct work for Essential Functions.

For property management professionals Executive Orders 2020-12 and 2020-18 identify property management as an essential/infrastructure function. Property management professionals, pursuant to Executive Order 2020-12(c) and (e)(xix), perform an essential service. As such, property management companies are Essential Businesses and, therefore, are exempt from closure requirements. Property management companies should continue to staff the community with essential personnel to both manage and maintain the community provided social distancing practices can continue to be used. All employees that can perform essential job functions remotely should be encouraged to telecommute.

It is important to note the Executive Order does not require any person to provide documentation or proof of their activities to justify their activities under the Executive Order. Property management companies may want to prepare a letter for any employee needing to report to the community that indicates the status of the employee as performing an essential service as well as the contact information for his or her supervisor.

If you have any questions or concerns regarding any of the Executive Orders relating to essential functions/activities or the stay at home order issued on March 30, 2020 please contact our office directly.

Any person who has questions about a proper protocol or who needs additional assistance is strongly encouraged to contact legal counsel at any time.

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