Face Mask Mandate Requirements in Residential Community Associations – State of Illinois, Cook County and City of Chicago

Illinois Governor J.B. Pritzker announced on Wednesday, February 9, 2022, that the State of Illinois would begin to lift Illinois’ indoor mask mandate, with the exception of in schools, by February 28, 2022, if state COVID metrics continue to decline. The City of Chicago and suburban Cook County have both indicated that they too will follow suit and lift the mask mandate on February 28 if numbers continue to decline, but noted that many private businesses may continue to require masks.

Please note – this is a rapidly-evolving situation. The City of Chicago has not yet updated its Executive Order which mandates face masks in “any common or shared space” of a residential multi-unit building or the mandate that “[m]asks are required in all indoor public settings, including . . . areas of condos and multi-residential buildings.”

To the extent the City of Chicago updates its order, we will be sure to communicate same to our clients. For now, community association boards should consult with their hired professionals, including management and legal counsel, and consider how the board will approach the possibility of “masks optional” in their own community associations by the end of the month.

As we observed in May 2021, despite the State of Illinois and City of Chicago lifting face mask requirements last spring, there was no obligation that a private residential community association “lift” its own face mask requirements.  Boards could choose to impose more stringent requirements than the State and/or its municipality and continue to require the use of face masks.

We will keep our clients and newsletter readers apprised of this situation as it evolves.

For any questions, please contact us at info@brkchicago.com.