Spring Visitors and Self-Quarantining
As snowbirds flock south to their condominium associations to escape the winter weather, many residents wonder if the board of directors can require them to self-quarantine for 14 days upon the arrival.
Board Members Should Know the Law
It's important to understand that the state, the county set restrictions related to COVID-19 and city ordinances and executive orders. Therefore, no association has the authority to enforce any of those laws, according to Ellen Hirsch de Haan, an attorney at Wetherington Hamilton P.A. in Tampa, Fla., and a fellow in CAI's College of Community Association Lawyers (CCAL).
In Florida, laws prohibit an association from divulging any medical information related to any resident. There are also laws against asking anyone for medical information in the first place, and similar laws may exist in other states.
Also, residents want to know if their association can forbid them from using amenities during those 14 days.
Generally, a community association can regulate and restrict the use of the common areas. Still, that right or power is not absolute, according to Lisa Magill, an attorney at Kaye Bender Rembaum in Pompano Beach, Fla., and a CCAL fellow.
"Florida law affords boards of directors emergency powers to protect the health, safety, and welfare of the residents, to mitigate further damage, and make emergency repairs," says Magill.
Closing Facilities due to COVID-19
In light of the COVID-19 pandemic, many associations closed down recreational, and other facilities to prevent residents from gathering in said areas and minimize transmission of the coronavirus, explains Magill. Emergency orders restricting the use of facilities to 50% capacity are still in effect in Florida's various localities.
Can Associations Require a 14-day Quarantine?
Can an association require residents who go on a one or two-week vacation to self-quarantine or prevent residents from gathering outside their units with their neighbors? Attorneys agree that it's pretty much impossible to prove that a person contracted COVID-19 at the condominium if they are out and about.
Contact Us
For condominium boards dealing with an influx of residents this spring, heed the following advice: Do not divulge any health information about any resident or employee. Contact us if you have any questions or concerns.
