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AAGD Statement on Governor's Order

Governor Abbott’s latest Executive Order takes effect March 10 and ends the state-wide mask mandate for counties without high hospitalization rates.  However, the order also provides that businesses may continue to require employees and customers to wear face coverings and follow other recommended health measures to limit the spread of COVID-19.

For apartment communities, this means you may still require masks in the office, amenity areas, and other common areas, if you choose to do so.  If you adopted community policies this summer in response to local county mask orders, and you wish to keep those rules in place, consider sending a reminder notice to residents that those rules remain in effect until revised or terminated by the Owner.  Include a copy of the rules in the reminder notice. 

The procedure for adopting new community policies, or revising existing ones, is in paragraph 19.1 of the TAA lease.  Section 19.1 of the TAA lease provides that the Owner may make reasonable changes to written rules, and those rules can become effective immediately if the rules are distributed and applicable to all units in the apartment community and do not change dollar amounts on pages 1 or 2 of the lease.  If these procedures are followed, a violation of the rules would then constitute a violation of the lease.

This statement does not constitute legal advice. It is for informational and educational purposes only. Readers of this statement should contact their own attorney to obtain advice regarding any particular legal matter.