HOAs, Condos, Co-ops and COVID-19
It is a difficult time. Concerns about the coronavirus and COVID-19 are especially acute in the context of HOAs, condominiums and cooperative associations. For members, officers and directors contemplating upcoming meetings and events, guidance is needed. The statutes governing community associations generally require public meetings, open to all and noticed in advance, and broadly proscribe the wholesale closing of common areas and common elements. Community leaders and members do not know if the statutory requirements remain fixed in light of the present public health situation. What are their options?
The Florida legislature has provided a mechanism by which condominiums, cooperative associations and homeowners’ association can adapt their operations to present circumstances. These statutes (§ 718.1265 for condominiums, § 719.128 for cooperatives, § 720.316 for homeowners’ associations) all provide for reasonable flexibility in response to damage caused by an event for which a state of emergency is declared. Florida’s Governor declared the existence of that state of emergency on March 9, 2020 (Executive Order No. 20-52). The “damage” referenced in the foregoing statutes is not expressly limited to property or building damage.
In light of this statutory authority, community associations and the leaders should keep the following points in mind as they consider upcoming operations and meetings:
- Consider postponing upcoming meetings and social gatherings;
- Cancel meetings and events involving more than 50 people;
- Adopt enhanced cleaning procedures for common areas and common elements;
- Host board and committee meetings virtually, invite members to join remotely (phone, Skype, etc.) and immediately post and circulate recordings and minutes;
- Practice social distancing; and
- Following the guidance of public health authorities such as the Florida Department of Health and the Center for Disease Control and Prevention.
Even small steps can make a big difference in our communities and neighborhoods.