In our recent Alert, we discussed whether residential condominiums (condos) and cooperatives (coops) are permitted to open their pools and gyms despite those facilities being closed to the public in New York City pursuant to executive order. We reached out to Empire State Development Corporation (ESD), the organization responsible for providing guidance to businesses with respect to the governor’s executive orders, on this issue.

Yesterday, we received direction from ESD that private pools located in residential condos and coops are permitted to be open, provided that they are in compliance with New York’s Interim Guidance for Pools and Recreational Aquatic Spray Grounds During the COVID-19 Public Health Emergency. Fitness centers and gyms must remain closed at this time. As noted in our prior Alert on this topic, boards will need to implement protocols for the reopening of their pools, including, but not limited to, incorporating the above-mentioned Interim Guidance for Pools.