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Editor's note: Attorneys at Goede, DeBoest & Cross, PLLC respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Q: Our Board has implemented a requirement that anyone entering the condominium building must provide a temperature reading. The intent is to mitigate the spread of the COVID-19 virus and a clear symptom has been a fever. We want to keep our residents safe. Is this legal?- E.D., Stuart A: There are two issues here worth discussion. First, is...

Editor's note: Attorneys at Goede, DeBoest & Cross, PLLC respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Q: We do not have a convenient place to post our notices in our 48 home HOA subdivision. In this electronic modern day is posting on our website, which every owner has access to, appropriate to meet the 48-hour requirement or will we still need to send notice by mail or email 7 days in advance? Our Bylaws do...

Q: One of our Board members is against borrowing any money and insists that we should be able to use reserves to offset any condominium assessment shortfalls or extra expenses stemming from Covid-19. Is there authority for this?A.P., Naples A:   I will initially note that this answer can be very different for a condominium association compared to a homeowners’ association. In a condominium association, the general rule is that reserves can only be used for their intended purposes absent a vote by the unit owners. If there is no vote by the owners, reserves are typically not available to fund...

Editor's note: Attorneys at Goede, DeBoest & Cross, PLLC respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Over the past several days we have spoken to many clients with questions on how their condominium, homeowners and cooperative association may or must respond to COVID-19 and the myriad of federal, state, and local orders. Below we will briefly address some of the most common questions. What does the statewide stay-at-home emergency order mean for associations? Governor DeSantis...

Editor's note: Attorneys at Goede, DeBoest & Cross, PLLC respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Q: Many communities are reacting differently to the COVID-19 virus. Some golf courses are open, some are closed. Some tennis courts are open, some are closed. Some communities are barring vendors from entering the community. What is the board’s responsibility here?— AB, Stuart A: First and foremost, this is a very individual question for each community and you need...

Q: What does the statewide Stay at Home Emergency Order mean for associations?C.D., Naples A: Governor DeSantis issued a statewide stay at home order effective at midnight on April 2, 2020. The Order requires all persons to stay at home unless their job provides essential services or unless they engage in essential activities. The list of essential services is lengthy but relative to associations includes contractors/trades that provide services necessary for maintaining safety, sanitation, and essential operation of residences and structures, legal and accounting services necessary to respond to virus-related orders, landscaping, and pool care. Property management, although not expressly...

Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions. Q: I own two condo units as investment properties. The association recently made a bunch of new rules including that nobody is allowed to move in or out of the building for at least the next two months due to the coronavirus. They also closed the gym and pool until further notice and passed rules that prohibited delivery people...

Q: Our residents are very concerned about the Coronavirus. Some owners want the gym open and others are insisting that the Board close the gym. Some owners want the Association to deny entry to anyone with a fever. We also have our annual meeting next week and want to avoid hundreds of people but also want to hold the election. What should we do?B.B., Marco Island A: This has been a constant discussion in our office and around the world. As I write this article, it is very likely that the situation will have changed and thus I recommend that...

Q: Our residents are very concerned about the Coronavirus. Some owners want the gym open and others are insisting that the board close the gym. Some owners want the association to deny entry to anyone with a fever. We also have our annual meeting next week and want to avoid hundreds of people but also want to hold the election. What should we do?B.B., Marco Island A:  This has been a constant discussion in our office and around the world. As I write this article, it is very likely that the situation will have changed and thus I recommend that...

The board of directors in my homeowners association meets every month and provides a cursory financial report with little detail. We have requested the treasurer and board provide more information, but the board responds that we can get the detail at the property management office. Does Florida law provide any redress?- G.A., Jupiter  A: Florida law provides that the association’s financial records are official records and accessible to homeowners or their authorized representatives. Specifically, the statute requires that the association maintain 1) accurate, itemized and detailed records of all receipts and expenditures; 2) current account and periodic statement of the...