Florida Association News Blog

Rembaum’s Association Roundup

Below you will find face covering requirements for Palm Beach, Broward, Miami-Dade, Hillsborough, Pinellas, Pasco and Manatee Counties. In addition, the cities of Hallandale and Aventura are discussed.

Where appropriate, face covering requirements for those living in condominiums and homeowners’ associations are discussed as well.

A recall was issued for a certain manufacture of hand sanitizer products which is presented immediately below the face covering information.

PALM BEACH COUNTY

Palm Beach County Order No. 2020-012 provides that effective June 25, 2020, facial coverings are required to be worn in public. Specifically, facial coverings are required to be worn in:

i) Businesses and establishments of any type, including, without limitation, restaurants, retail stores, grocery stores, gyms, indoor recreational facilities and vehicles for hire,

ii) Public places, including outdoor areas that are open and regularly accessible, and outdoor common areas within private communities, where social distancing is not possible or not being practiced,

iii) Palm Tran transit services, and

iv) County and municipal governmental facilities.

Facial coverings are defined under the Palm Beach County Order as any covering which snugly covers the nose and mouth, whether store bought or homemade, mask or clothing covering, including, but not limited to, a scarf, bandana, handkerchief, or other similar cloth covering and which is secured in place. The Order is clear that facial coverings are required to be worn in outdoor common areas within private communities accessible to more than one housing unit where social distancing cannot be accomplished or is not being practiced.

One must also wear a facial covering while working in or visiting businesses and establishments, including indoor recreational facilities.

Businesses and establishments are further required to ensure compliance with the Order and establish a process for verification of compliance upon customer entry into the establishment, and to conspicuously post a specific sign in three languages (CLICK HERE TO LINK-http://discover.pbcgov.org/pdf/covid19/Retail-Mask-Poster.pdf) indicating that persons must wear facial coverings and maintain social distancing.

The Order does not specifically identify indoor common elements or common areas of condominium and homeowners’ associations as businesses or establishments where facial coverings must be worn. However, due to the fact that any type of business or establishment must comply and indoor recreational facilities are specifically listed as establishments in the Order, we believe that the Order likely applies to indoor common element and common area facilities. Therefore, we recommend that you treat your indoor facilities as establishments under the Order until further orders or guidance is provided by the County. This means that associations should monitor and require compliance with facial covering requirements, particularly in indoor recreational facilities, and conspicuously post the designated sign required by the Order.

There are exceptions to the facial covering requirements for certain individuals and in certain situations where they are not feasible, including, but not limited to, by children under two (2), by persons who have medical conditions such as asthma or COPD, and while consuming food or beverages. However, the exceptions are limited and should be implemented in accordance with the Order so as not to cause the spread of the virus. Finally, compliance is serious as the county has now indicated that fines and penalties may be issued for businesses that do not comply. Whether this includes associations is to be determined.

BROWARD COUNTY

Generally, facial coverings must be worn anytime you obtain a good or service from any establishment, including entering, exiting, and otherwise moving around within the establishment (and must be worn by persons working in those establishments during in-person interactions).

The covering should cover the nose and mouth, and comply with the CDC recommendations on the use and sanitation of such coverings. There are certain limited exemptions, including, without limitation, children under the age of two or children of any age while in the custody of licensed childcare facilities, persons with medical conditions, or during the time-period when you are receiving a good/service that precludes wearing a facial covering (e.g., eating, drinking, receiving a facial grooming).

Violations are subject to potential civil penalties (fines) and/or criminal enforcement (2nd degree misdemeanor). Suspected violations can be reported to local municipal code enforcement. The Broward County Order does not specifically require facial coverings within private residential communities (condos/HOAs). Please note, however, that cities may have stricter requirements than the county, so you should confirm with your city accordingly.

Any questions concerning the county requirements can be directed to the County COVID19 Hotline: ‪(954) 357-9500.

The relevant FAQ from the county, and the three (3) Orders are below:

FAQ about Facial Coverings from County: https://www.broward.org/CoronaVirus/Documents/FacialCoveringsFAQs.pdf
EO #12: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-12.pdf
EO #13: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-13.pdf
EO #14: https://www.broward.org/CoronaVirus/Documents/EmergencyOrder20-14.pdf

CITY OF HALLANDALE

Facial coverings are required within the common areas of all buildings with multiple residents per Emergency Order HB20-12.

CITY OF HOLLYWOOD

All persons beyond legal boundary of residential property are required to wear facial coverings consistent with CDC guidelines as per Emergency Order 2020-06.

MIAMI-DADE COUNTY

Miami-Dade County issued Emergency Order 20-20 on April 9, 2020 (“Order 20-20”) which requires that all persons working in or visiting grocery stores, restaurants, pharmacies, construction sites, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible to wear facial coverings. In other words, face masks are required where social distancing is not possible. The Order defines a facial covering as “any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.”

On May 15, 2020, Miami-Dade County issued Emergency Order 23-20 (“Order 23-20”) further providing that anyone “working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles” must wear a facial covering as described in Order 20-20. However, Order 23-20 provides an exemption for children under the age of two years, persons who have trouble breathing, where federal or state safety regulations prohibit the wearing of facial coverings, and for persons engaged in strenuous physical activity.

On May 27, 2020, Order 23-20 was amended to provide an additional exemption to the facial covering requirement “while persons are eating or drinking.” Additionally, Order 23-20 adopts The New Normal; A Guide for Residents and Commercial Establishments (the “New Normal Guidelines”) which includes industry specific protocols for the reopening of retail and commercial establishments, including general reopening guidelines that provide that facial coverings must be worn inside businesses and commercial establishments or wherever social distancing is not possible.

On June 22, 2020, Mayor Carlos A. Gimenez released a statement regarding the importance of wearing masks and social distancing. He reiterated that masks are required indoors at business establishments and outdoors when people cannot practice social distancing to remain at least six (6) feet apart. In his statement, Mayor Gimenez acknowledged the stricter rules issued by some municipalities in Miami-Dade County, including Miami, North Miami Beach, Aventura, Hialeah, and Miami Gardens.

CITY OF AVENTURA

As pertains to community associations, the City Manager of Aventura issued Emergency Order Number 12 (“Order 12”) which provides additional mandates requiring the use of facial coverings in the interior “Common Areas” of commercial buildings and residential condominium and cooperative buildings. Order 12 provides that common areas include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stair wells. That means that you are required to wear a mask in any interior common areas of condominium or cooperative buildings in the City of Aventura. It is important to note that Order 12 provides that property managers/building managers are required to enforce the facial covering requirement.

HILLSBOROUGH COUNTY

Order 2020-27 went into effect on 5pm June 24, 2020. The order does not specifically apply to community associations as they are not a “business” under the order. Face coverings must be worn inside all indoor establishments. Businesses are required to enforce the mask order and can be charged with a second-degree misdemeanor if they don’t, a penalty of up to 60-days in jail and/or six months’ probation and a $500 fine. The exception does not apply to children under two, persons with pre-existing medical conditions that would be worsened by a mask, hearing-impaired persons, those working in a profession that would be unable to perform their duties with a mask such as public safety, exercising, eating and drinking, or those already observing federal social distancing guidelines (the 6-foot rule).

Tampa is the only exception in Hillsborough where the mask rule would apply to community associations. if you are outside your home, you must wear a face covering and if no face covering, up to a $500 citation could be issued. This would apply to community associations whenever a resident is outside of their residence.

PINELLAS COUNTY

Order 20-14 went into effect on 5pm June 24, 2020. Face coverings must be worn in all indoor public places in Pinellas County. While not specifically drafted to apply to community associations, the definition of indoor public place would cover community associations when the residents can access the facility. The only exceptions applicable to community associations are if less than 10 people are in the facility and they are practicing social distancing. Parties not wearing a mask can receive a civil citation of $100 for a first offense, $250 for a second and $500 for a third. Additional repeat violations may result in a misdemeanor arrest. The exceptions mirror those of Hillsborough County and Pinellas’s enforcement cannot conflict with the Americans with Disabilities Act. The Order does not apply to government entities or hospitals or persons under the age of 18.

PASCO COUNTY

Order went into effect ‪5pm on June 25, 2020. Face coverings must be worn inside all businesses, government offices, and schools. The definition of businesses is nebulous enough to ensnare community associations under the “providing services to the public” standard. If someone does not wear a mask in the aforementioned places, they will not be able to enter the business, or will be removed once inside. Individual business owners are required to enforce the ordinance or may face a fine up to $250. The exceptions mirrors Hillsborough County and Pasco’s enforcement cannot conflict with the Americans with Disabilities Act. It is suggested you speak with your community association’s attorney due to the lack of specificity in Pasco County’s Order to determine if the Order may apply to your community association.

MANATEE COUNTY

No mask requirements.

HAND SANITIZER RECALL

The Food and Drug Administration issued a warning on nine alcohol-based hand sanitizers manufactured by Eskbiochem SA de CV in Mexico because it contains wood methanol, a toxic substance. It can result in death if ingested or if absorbed through the skin.

“Consumers who have been exposed to hand sanitizer containing methanol should seek immediate treatment, which is critical for potential reversal of toxic effects of methanol poisoning,” the FDA wrote on June 19.”

Following is list of the hand sanitizers manufactured by Eskbiochem:

All-Clean Hand Sanitizer (NDC: 74589-002-01)
Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

Tags Broward, broward county face masks, Condominium, coronavirus, County, COVID-19 Florida, Facial Coverings, Florida, HOA, Masks, miami dade face masks, Miami-Dade, Palm Beach, palm beach county face masks, Rembaum Association Roundup No Comments »

From small, collaborative style meetings to large, full-scale board meetings, Associations across all demographics are effectively using virtual meetings to accomplish their goals. Because of this widespread success, many of our Campbell Managed Properties are looking to use virtual meetings as a tool for future use. Zoom, Cisco Webex, GoToMeeting, Skype, and FreeConferenceCall.com are just a few of the virtual meeting options available.

Here are a few practices on how to effectively start using virtual meeting options:

Click here to view this Slideshare and others like it.

For more information and best practices on how to begin implementing virtual meetings, click here.

Tags Association, Board Meeting, Condo, Covid-19, Florida, HOA, Social Distancing, Virtual, virtual board meeting condo, virtual board meeting hoa, virtual meeting, Zoom No Comments »

Hurricane Season in 2020 has gotten off to a premature start. Although the official start to Hurricane Season is June 1, Tropical Storm Arthur formed Saturday, May 16 off the coast of Florida. Arthur then swung along the North Carolina coast before heading back to sea.

Arthur did not have any major impact to land, but is this early storm a sign of a more active season for 2020? The Atlantic Basin has had only 13 named storm formations in May since the satellite era (since 1966). Only one of these has reached hurricane strength – Hurricane Alma in 1970.

The average Atlantic Basin hurricane season comprises of 12 named storms, with 3 being major hurricanes. NOAA has forecasted an above average season for 2020 with 13 – 19 named storms, and 3-6 major hurricanes.

What does this mean for Community Associations? Be sure to talk to your Property Management Company about your specific hurricane plan, including preparation (now) and response after the storm. Below are 4 key points that can apply to all Community Associations.

Communication– It is important to be able to have the ability to effectively communicate to all your residents in the event of an emergency. Seasonal residents or residents absent during hurricane season MUST secure their units before the season starts. In addition, they must have a plan to check their units after a storm hits.
Insurance Policy – The Board of Directors should have a good understanding of their insurance policy. Be sure to adequately document your community before and after the storm, in the event you need to use your insurance.
Secure Common Areas – This goes without saying! However, it is important to try to finish any common element projects before hurricane season (if possible).
Vendors – Have a vendor list ready for landscaping, debris removal, mold remediation. If possible, have hurricane contingencies written out in your contracts.

It is always best to prepare for the worst, but hope for the best, especially in regard to hurricanes.

For additional information on preparing your association for hurricane season, click here. And, to get tips on preparing your association’s landscaping for hurricane season, click here.

By PJ Biondolillo, Campbell Management
Unofficial Hurricane Tracker and Big Wave Seeking Surfer

Tags Association, Condo, Florida, HOA, Hurricane, hurricane plan, Hurricane Preparedness for Condos, Hurricane Preparedness for HOAs, Hurricane Season, hurricane season 2020, Plan, Safety, Season, Tropical Storm No Comments »

Watch out Silicon Valley, there is a new group of virtual gatherers in town! From small, collaborative style meetings to large, full-scale board meetings, Associations across all demographics are effectively using virtual meetings to accomplish their goals. Because of this widespread success, many of our Campbell Managed Properties are looking to use virtual meetings as a tool for future use. Zoom, Cisco Webex, GoToMeeting, Skype, and FreeConferenceCall.com are just a few of the virtual meeting options available.

Here are a few reasons Associations are digging virtual meetings:

Flexibility: Host a meeting with audio and video capabilities or simply hold a teleconference with audio only. Set permissions to your liking to better suit your specific needs.
Affordability: Many existing virtual meetings software’s have free options that may already accomplish what you are looking for. Affordable upgrades and add on features can help better accomplish your meeting goals.
Efficiency: With little interruption and distraction, Associations have had some of their most productive and shortest meetings ever through the virtual format. Recordings of the meeting are easy to access afterwards.
Simplicity: Most people have access to a computer, tablet, or smart phone and virtual meetings have become increasingly easy to join through these devices. A participant can always simply dial in to the meeting by phone if preferred. 55+ communities have hosted meetings with hundreds of participants with no reported technological issues from residents.

Through polling during some of our recent webinars, around 50% of the Associations who participated had not hosted a virtual meeting yet. If you fall into this category and are considering doing so, here are some best practices to consider:

Determine your specific needs and what you are trying to accomplish during the meetings. Be sure to get a plan with any necessary addons conducive to your specific needs.
Identify a host and virtual meeting expert. Whether it is a Board Member, Manager, or a representative from your Management Company, determine who will be the lead.
Practice! Hold a practice session with the Board ahead of the meeting to make sure everyone is comfortable with all the features of the meeting.
Clearly communicate the meeting information ahead of time so people know what to expect. Provide clear instructions with examples. Go over the features of the meeting and how it will run at the start of the meeting.

If you are intrigued at the thought of a virtual meeting, reach out to your manager or management company for more information. Having already hosted multiple virtual meetings, your management company will be able to provide specific advice and insights based on your specific situation to ensure an enjoyable experience for all who attend.

If you decide to continue with virtual meetings beyond the COVID-19 crisis, you may end up with some of the Board Members and Owners present and some of them calling / logging-in remotely. If this happens, you will likely need:

A public address system, microphone with speakers, so that people that are remote will be able to hear what is happening. Here is a link to an inexpensive solution that works well!
A speaker phone, so that board members that are present can speak and be easily heard by others. Here is a link to an inexpensive solution that works well!

by Buddy Tight, Campbell Property Management

Tags Association, Board Meeting, Condo, Covid-19, Florida, HOA, Meeting, Virtual, Zoom No Comments »

Broward County issued Emergency Order 20-10 on Thursday, May 14, 2020, providing for a phased reopening of business activity, beginning on Monday, May 18, with restrictions in accordance with a modified Phase 1 of Governor Ron DeSantis’ statewide reopening plan. Broward’s beaches will remain closed.

The primary impact on community associations is on page 8:

Section 8. Community Rooms, Fitness Centers, and Gyms in Housing Developments

Community rooms, fitness centers, and gyms, to the extent such amenities are located withing multi-family housing developments or community associations, but excluding standalone commercial facilities, may operate provided all such operations (a) are consistent with the guidelines stated in Attachment 6; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended ; and (c) comply with he following capacity limitation: occupancy must not exceed (50%) maximum capacity.

Associations are not required to re-open these facilities.

Key limitations noted in Attachment 6 include:

50% capacity
Residents only, no guests
Machines, equipment and tables being used must be 6 feet apart
No multi-player games (mahjong, poker, etc.,) allowed between people outside same household.
Community rooms, fitness center, or gym must be “deep cleaned, disinfected and sanitized” before opening and daily after.
Disinfecting wipes shall be provided by association and residents shall be required to wipe down each machine after each use.
Hand sanitizer shall be provided by the association and patrons must be informed they must sanitize their hands upon entering the gym and prior to utilizing each piece of equipment
Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.

To view the Broward County Emergency Order 20-10, please click here.

To learn more about the order and get your questions answered, join Campbell Property Management and Frank Weinberg Black for a brief, 30 minute webinar on Tuesday, May 19 at 12:00 PM. Click here to register!

Tags 20-10, Amenities, Association, Broward County, Condo, Covid-19, Emergency Order, Exercise Area, Florida, Gym, HOA No Comments »

The U.S. Congress will soon consider legislation in response to the COVID-19 pandemic which may include a national moratorium on debt collection.

Summary of Proposed Bill:

The proposed Bill expands the definition of “debt collector” to include creditors like community associations.
Prohibits debt collection activities while President Trump’s COVID-19 national emergency declaration is effective.
Includes civil liability for community associations where each debtor violation can incur fines up to 10 times the damage.

The proposed Bill would be disastrous for community associations who need to collect dues from their residents to pay their bills that are crucial to operations.

Please contact your Member of Congress today and urge them to OPPOSE a nationwide debt collection moratorium.

Click here to tell your legislators to OPPOSE this bill!

Tags Association, Bill, Condo, Congress, Covid-19, Debt Collection, Florida, HOA, Moratorium, national debt collection moratorium, U.S. Congress, Urgent No Comments »

The current environment has presented many obstacles for Association living. Federal, state, and local governments have placed restrictions on gatherings, which has limited Boards’ options for conducting meetings and getting owner participation. Even when restrictions ease, it is likely that some individuals will remain cautious of gathering in social settings with large groups.

Thus far, Boards have done a phenomenal job adapting to a “new normal” for Association living. Boards are hosting virtual meetings and adopting sanitation, communication, and reopening protocols to keep their communities safe. In addition, many Boards have recently inquired about electronic voting for their upcoming annual meetings.

Electronic Voting is not a new concept to Florida Association legislation. Florida adopted the option to electronically vote in 2015 by passing statutes 718.128 and 720.317 for Condos and HOAs, respectively. However, electronic voting has had a relatively slow adoption rate due to Boards/Associations being unfamiliar with and not necessarily having the “need” to use an electronic platform.

Electronic voting can increase owner participation, limit the need for a physical ballot, and save on future mailing costs. We anticipate a significant increase in the adoption of electronic voting platforms in response to the COVID-19 crisis. As such, below are 4 important factors to consider when adopting an electronic voting process.

Other Community Initiatives – Electronic Voting is NOT just for elections. Communities have seen great success using electronic voting for other initiatives like waiving reserves or amending governing documents. Furthermore, in the aftermath of the COVID-19 pandemic, it is possible your Association might have the need to use reserve funds to cover operating expenses if there is a significant delinquency problem at your community. This can only be done by a membership vote in a duly called meeting. An electronic voting process could be instrumental in carrying out this member vote.
Florida Statutes – There are many products on the market for electronic voting. It is ESPECIALLY important to use a product specifically built in compliance with Florida Statutes. There are specific nuances in the Florida statute that make online voting more complicated than it is in other states.
Opting In – The Florida statutes address the need for owners to provide “written consent” to use electronic voting. This is the most challenging aspect of electronic voting; however, your property management company should have thought through the best way to obtain written consent as it pertains to your community.
Products – In addition to being compliant with Florida statutes, it is important to consider products your Property Management Company and Legal Firm have used at other communities. This will help ensure a smooth transition to an electronic voting process. Campbell managed properties have used and had success using the following products:

Vote HOA Now http://www.votehoanow.com
- HOAst https://www.hoast-inc.com/
- The Inspectors of Election https://www.theinspectorsofelection.com/start.htm
- Becker Ballot https://beckerballot.com/

With every Association being unique, Property Management Companies will remain key in carrying out the aspects of the “new normal” for Association living. Contact your Management Company and/or Law Firm for specific questions regarding online voting at your community.

by PJ Biondolillo, Campbell Property Management

Tags coronavirus, Covid-19, electronic voting condo, Electronic voting hoa, electronic voting in florida community associations No Comments »

As a self-managed association, you may not necessarily be saving money by avoiding paying fees to a management company. There are various instances where hiring a professional property management company can actually provide benefits far surpassing the fee that is paid to them.

Hiring the RIGHT professional South Florida property management company may save money that far exceeds the management fees you pay. Here are some possibilities:

Click here to view this Slideshare and others like it.

By choosing a well-known and trusted professional management company, your association can experience significant benefits. Want to learn how your association should choose a professional property management company? Check out this article here.

Tags 10 ways, Association, Condo, Florida, Hiring, HOA, money, Professional Management, save, Self-managed No Comments »

Rembaum’s Association Roundup

In response to our article from May 3rd, 2020, we have received inquiries from readers regarding the ability of an association located in Palm Beach County to use volunteers to provide the pool monitoring as required by Palm Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

In addition, based upon an April 28,2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

With that in mind, if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration:

If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.
Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?
Does the association have insurance coverage in place to cover acts of volunteers?
Does the association have volunteer workers comp type coverage in place?

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools. The following links are provided for your reference:

Remember to also discuss the re-opening plan with your association’s legal counsel.

Tags Amenities, Association, Broward, Condo, coronavirus, Covid-19, HOA, Palm Beach County, pools, Re-opening, Rembaum Association Roundup No Comments »

Rembaum’s Association Roundup

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different. A link to the recent re-opening Orders follows:

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated. If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would, but clearly should be performed more frequently during these times.

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

Tags Amenities, Association, Broward, Condo, coronavirus, Covid-19, HOA, Miami-Dade, Palm Beach, pools, Re-opening, Rembaum Association Roundup No Comments »

Facial Covering Requirements County by County & A Hand Sanitizer Recall

Rembaum’s Association Roundup

HAND SANITIZER RECALL

Hurricane Season – Premature Start?

Considering Hosting Virtual Meetings? Look No Further!

Broward County Emergency Order 20-10: Restricted Opening of Gyms/Exercise Area in Community Associations

URGENT: Oppose Debt Collection Bill that Threatens Community Associations

Electronic Voting in Community Associations

10 Ways to Save Money by Hiring a Professional Management Company

Re-Opening Amenities In Times Of Uncertainty, Part 2

Rembaum’s Association Roundup

Re-Opening Amenities In Times of Uncertainty

Rembaum’s Association Roundup

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