January 2022
It can be difficult to determine the legalities of vaccine policies in condominium communities. As a result, some communities have chosen to implement policies beyond their legal authority.
Since policies change on a regular basis, this summary provides the most current information to the best of our understanding at this time.
Are condominium corporations permitted to collect medical information regarding vaccination status?
For residents accessing amenities, or for employees and vendors as described below, a corporation is not permitted to collect specific medical information without permission.
Mandatory Vaccine Policies
“As an employer, the corporation has the right to mandate vaccination policies to protect residents and employees from COVID-19” explains Greg Fraleigh of The Enfield Group. “Employees and vendors can be required to show full proof of vaccination, or provide a negative COVID-19 test, prior to entering the property. For those unwilling to comply, employment can be terminated with reasonable notice or pay in lieu. However, If the corporation’s employees are unionized, the corporation may be prohibited from unilaterally implementing a vaccination policy.”
Any employee, vendor or resident may claim an exemption to the vaccination policy based on a religious objection, medical exemption or for disability-related reasons. Individuals claiming exemption must provide objective evidence of their claim. In the case of a medical exemption, this should be a written document provided by a physician, nurse or nurse practitioner stating the length and reason for an exemption.
Any condominium corporation considering implementing a vaccination policy should consult with their lawyer to ensure the policy is consistent with current laws.
