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Law Offices of Scott M. Clark, PC
Date: August 26, 2020

By: Christopher R. Walker

Dear Client(s):

Since its enactment, there has been confusion concerning Executive Order 2020-43 and whether or not the mandated closure of indoor gyms and fitness centers/clubs applied to multifamily operations. A conservative approach was adopted and it was presumed that the Executive Order included multifamily properties in the gym closure mandate.

In response to an adverse ruling in a lawsuit filed by Mountainside Fitness the Governor and AZDHS put out an application for gyms to complete if they wish to reopen and stringent standards they must follow once open. The restrictions imposed are cost-prohibitive and unduly burdensome for many properties and include measures such as taking temperatures of every user before they enter the gym and cleaning the fitness equipment after each use. Some communities have sought to obtain approval from the AZDHS to reopen and others have held back believing the restrictions to be too great to manage.

As of August 25, 2020 we have obtained confirmation from AZDHS that the requirements to close gyms and fitness centers/clubs does not apply to multifamily operations. We have been provided a copy of an email from AZDHS’s administrative counsel that provides the following:

"Fitness centers associated with a private residence such as an apartment complex, condominium complex, or homeowner’s association, are not required to comply with the procedures in Emergency Measure 2020-02.

While ADHS recommends that you encourage your residents to follow COVID-19 prevention practices as outlined in the ADHS Requirements for Indoor Gyms and Fitness Centers, this is not a requirement for you to open or operate."

Accordingly, multifamily properties with fitness centers may reopen immediately, regardless of the positivity count in the county in which it lies and without submitting an attestation with the AZDHS. Although properties may open without applying for approval with the AZDHS and may operate without complying with all of the restrictions in the ADHS Requirements for Indoor Gyms and Fitness Centers, we strongly recommend all clients adopt written policies that provide for limited occupancy of the fitness center, require temperature checks for any user of the fitness center, and provide for regular and frequent cleaning of the fitness center equipment. Appropriate signs should also be placed on the outside and inside of the gyms on property setting for the terms of use including the requirement to socially distance and properly disinfect the equipment after their use of said equipment.

If you have questions or concerns, please contact AZDHS or our office.

Law Offices of Scott M Clark, PC


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