Many community association boards continue to be resilient and cautious in the face of ongoing pressure from some residents to open all amenities, hold in person meetings, allow unfettered access to the property, and act as if the COVID-19 pandemic is over. This pressure has only increased since Gov. Ron DeSantis issued his Phase 3 Reopen Emergency Order on Sept. 25.

Far too many condominium, cooperative and HOA owners were led to believe that the governor’s order prevented their association boards from continuing to impose safety restrictions designed to stem the spread of COVID-19 transmission. This misconception is based upon the assumption that the obligation of the board to continue to protect the safety and welfare of the residents was reliant solely on governmental restrictions. This duty of the board existed before the pandemic and will continue thereafter. The governor declaring a state of emergency triggers statutory emergency powers for boards and we remain under a state of emergency as of this writing. Even if the governor does not extend the state of emergency, those powers remain in effect as long as reasonably necessary.

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