PLEASE READ CAREFULLY AND ACT RESPONSIBLY
Florida Statutes §718.1265 and §720.316 grants emergency powers to associations where the state has declared an emergency. These sections cite Fla. Stat. §252.36 where the Governor has declared a state of emergency. Boards of Directors of a condominium or homeowners association, consistent with their obligations to discharge their duties in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, may take emergency action to prevent the spread of COVID-19 within their communities. Indeed, the overriding purpose of community associations is to protect the health, safety, and welfare of their communities at large, particularly in the face of a national health crisis such as COVID-19. According to the CDC, “‘social distancing” means remaining out of congregate settings, avoiding mass gatherings, and maintaining distance (approximately 6 feet).” Members should be advised as soon as practical of all emergency related decisions taken by the Board through all means available, including “publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium [or homeowner association] property or any other means the board deems reasonable under the circumstances.” No actions that are not necessary to the continued safe operation of an association should be taken until this emergency passes. Based on the foregoing, the Board of Directors should vote on the following precautionary measures:
Immediate closure of the pool and community areas, including gazebos.
Avoid gatherings in parking lot areas except as needed.
Immediate closure of the on-site office, except for employees.
Observance of all Miami-Dade and Broward County ordinances and curfews
Encourage social distancing
Encourage residents to remain inside their homes and leave only for necessary reasons
Limit the number of individuals riding in the elevator at the same time
Limit vendor access to the building unless essential to the health of a unit owner
Here are CDC recommendations for individuals testing positive with the Coronavirus:
Restrict activities outside your home, except for getting medical care.
Do not go to work, school, or public areas.
Avoid using public transportation, ride-sharing, or taxis.
Separate yourself from other people and animals in your home.
Stay in a specific room and away from other people in your home, as much as possible.
Use a separate bathroom, if available.
Call ahead before visiting your doctor if you have a medical appointment. This will help the healthcare provider’s office take steps to keep other people from getting infected or exposed.
Wear a face mask, if possible, when you are around other people (e.g., sharing a room or vehicle) or pets and before you enter a healthcare provider’s office. If you are not able to wear a face mask (for example, because it causes trouble breathing), then people who live with you should not be in the same room with you, or they should wear a face mask if they enter your room.
Cover your coughs and sneezes. Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can; immediately clean your hands as described below.
Clean your hands often. Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol, covering all surfaces of your hands and rubbing them together until they feel dry.
If you have any questions or concerns, please contact us at (954) 383-0303.