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Category – Q&A (Question and Answer)
Q: An owner reported to the board that another owner has been “harassing” him due to his physical disability and has asked the board to take action. Is this an association responsibility or a private matter between the two owners? (N.K, via e-mail)
A: There is no Florida case law …
Q: My homeowners’ association recently posted new rules concerning the use of our community pool in response to the coronavirus pandemic. The board stated that if the rules are violated, the association has the right to suspend the owner’s right to use the pool. Because the pool is a community pool owned by …
Q: We have a five-member board and the board has said that they are only required to post notice of a meeting when three or more board members are together. However, we have learned that often, two board members will meet and discuss the association or that there will be phone calls between …
Q: A number of years ago, I went to some county office and was able to get a copy of our condominium documents and latest bylaws. Does the county still keep an official copy of condominium documents? Is there an official copy registered with the state and/or county and can I get an …
Q: My condominium has a restriction against parking pick-up trucks on the community property. Where can I get the most current copy of my condominium’s policies? (S.B., via e-mail)
A: Section 718.111(12) of the Florida Condominium Act requires an association to permanently maintain from the inception of the association, certain …
Q: What are an association’s options if someone refuses to comply with our rules and protocols regarding COVID-19?
A: Based on my experience, neither law enforcement nor other governmental agencies are going to get involved with rules of an association which are beyond the bare minimum requirements of law. At …
Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s …
Q: Does our condominium association qualify for any federal aid due to the COVID-19 pandemic?
A: This is one of the many issues where there is no clear answer and I hear diametrically opposed opinions from people whom I consider to be well-versed in legal matters pertaining to community associations. …
Q: If someone in our community has been diagnosed with the virus, can we send out his or her name so that people know to be careful?
A: We are in uncharted waters and there is no one size fits all answer. In my opinion, for example in …
On March 9, 2020, Florida Governor Ron DeSantis, declared a state of emergency in response to confirmed COVID-19 cases in Florida. On March 13, 2020, U.S. President Donald Trump, declared a national emergency. Numerous units of state and local government around the nation have enacted similar proclamations and have implemented a variety of different …
Q: If we are aware of a confirmed COVID-19 infection in our community, are we obligated to report it to the Health Department?
A: No, under Section 338.0031 of the Florida Statutes, only specified entities are required to report infectious diseases. Community associations are not on that list.
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The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.
Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” …