With this week's news of the skyrocketing increase in COVID-19 cases occurring throughout Florida (the emergency), many condominium associations, condominium unit owners and outside service providers, including real estate brokers, may be confused about a condominium association's authority to restrict access to the common areas and condominium units located within the condominium property.

Condominiums cannot impose restrictions that directly conflict with emergency orders issued by state and local government agencies (government orders) but can enforce their own governing documents in accordance with applicable law, (including the Condominium Statute, Florida Statutes Chapter 718). This can include rules that are more stringent than required by government orders. Florida Statutes Section 718.1265(g) provides condominium associations with broad emergency powers, including the power to prevent access to specific parts of the common elements such as swimming pools and gyms. While these provisions originally appeared applicable only to emergencies resulting in physical damage, such as hurricanes, the authors believe that, when read in conjunction with the various recent government orders, COVID constitutes an emergency situation that affords condominium associations the right to use these emergency powers to regulate use of the condominium property during the pendency of the emergency. Here are some common questions and answers:

• Can a condominium association entirely prevent access to the condominium property by people who are not actual owners/residents of the condominium?

No. Condominiums cannot entirely ban entry onto the condominium property by nonresidents. Most declarations provide that unit owners have an absolute right of passage to their units, for themselves and their invitees and there appears to be no government order to the contrary.

• If a condominium association cannot prevent access entirely, can the condominium association restrict entry to the condominium property and regulate behavior within the condominium property?

Yes. Condominium associations absolutely can regulate entry into the condominium property and regulate use of the common areas within the condominium. Condominium associations may rely on government orders to insist upon social distancing and face coverings whenever anyone, unit owner or otherwise, enters into the common elements of the condominium. This would include hallways, elevators, garages and lobbies, as well as gyms and swimming pools (which are covered by additional stricter government orders).