Community Associations: Staying Connected During Times Of Uncertainty
To Our Valued Clients and Friends:
As an essential member of the Florida Community Association network, it is crucial that we stay “connected” with one another through the rapidly evolving COVID-19 health emergency. The challenges that we face as an industry are often unique and emergent. If you are like us, you are eager to receive and share relevant and focused information that directly impacts our industry and our clients.
The Moorhead Real Estate Law Group considers the health and happiness of its team members to be of the highest priority. That is why many of our team members will work remotely during the next few weeks. When it became apparent that the health crisis would impact the way that business has historically been accomplished, we implemented an action plan that allows our team members to work remotely with full office capabilities. Our goal is to provide the same level of client service that you have come to expect from our team. We are open for business and always here for you!
Over the coming days and weeks, we will provide and share information and thoughts that will be helpful to the continued governance of Community Associations. Please contact me directly if there are any issues or topics that you would like more information on.
While the members of our community are no strangers to the challenges presented with natural disasters, such as hurricanes, the COVID-19 emergency has presented many new legal considerations. Below are a few selected and pressing questions.
SHOULD MY ASSOCIATION CLOSE OR SUSPEND USE OF COMMON PROPERTY OR COMMON FACILITIES?
The short answer to this question is YES. The Florida Condominium Act and the Florida Homeowners Association Act provide an Association’s Board of Directors (and its members) with a number of emergency powers including the ability to determine any portion of Association property unavailable. Governor DeSantis and local authorities have issued orders recently that directly impact and influence an Association’s continued operation of its common facilities. All gym facilities, hot-tubs, saunas and steam rooms should be closed. In addition, I have advised my clients that any common facilities that encourage members to gather in groups of more than ten (10) people should be closed. This includes indoor and outdoor pools and grilling facilities. Please contact my office if you have questions on how this will impact your Association.
HOW SHOULD THE BOARD CONDUCT MEETINGS IN LIGHT OF THE RECOMMENDED SOCIAL DISTANCING POLICIES?
Boards are permitted to cancel and reschedule Board and Association meetings while under a state of emergency. In addition, there are relaxed notice requirements if complying with notice requirements in the typical fashion become unavailable. Please keep in mind, that Board meetings can (and should) be conducted via telephone conference while we remain under a state of emergency. Strict social distancing adherence is recommended in every possible instance. Please let us know if your Association does not currently have a conference call-in provider. We would be happy let your Association use our firm’s conference number.
Our team is dedicated to staying “connected” with you during these unique times. If you need any assistance, please do not hesitate to contact us at CAGroup@moorheadlaw.com, and we will reply to your message as soon as possible. In addition to the important COVID-19 updates we will provide via email, you can find updates relevant to all of our practice areas by following our blog, and connecting with us on Facebook.
We wish you all good health and are looking forward to speaking with you soon.
Jay Fraiser is a Partner of Moorhead Real Estate Law group.
His primary focus is Condominium and Community Association Litigation and general servicing.
For more information about Jay Fraiser, click here