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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

  • Posted: May 06, 2020
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers  regarding the ability of an  association located in Palm Beach County to use volunteers to provide the pool  monitoring as required by Palm  Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

 

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

In addition, based upon an April 28, 2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

 

With that in mind,  if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration: 

 

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

 

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools.  The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers  

Remember to also discuss the re-opening plan with your association’s legal counsel. 

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

 

 

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Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

  • Posted: May 04, 2020
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Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

–Palm Beach County, Emergency Order Number 5

–Broward County, Emergency Order 20-08

–Miami-Dade County, Emergency Order 21020

 

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

 

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

 

Register to Attend HERE

 

 

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

 

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated.  If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would,  but clearly should be performed more frequently during these times.

 

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

 

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

 

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

 

 

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

 

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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

  • Posted: May 03, 2020
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COVID-19 & Technology: Resident Communication, Virtual Meetings & Electronic Voting

On April 7th, 2020 we had a live webinar

More than 200 people attended the webinar and it was requested that we record it and allow others to watch it.

You can watch the recorded webinar and learn about how to communicate with your residents in an age when we are practicing social distancing and the benefits of hosting a virtual meeting.

We covered several topics including:

Helping your team and residents stay safer by implementing digital  communication channels instead of physical interactions with community staff.

Alleviating the additional stress of situations like COVID-19 by leveraging  technology to organize and run your condo more effectively.

Reducing costs and efforts by hosting virtual meetings.

Here is the link: Watch and Learn

https://ding.conciergeplus.com/webinar–covid19–and–technology

Peter Pietrzkiewicz
sales@conciergeplus.com
Concierge Plus Inc.

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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE by Castle Group, Kaye Bender Rembaum and Plastridge Insurance

  • Posted: May 01, 2020
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WEBINAR: ASSOCIATION CONTINUITY & COVID-19 CONCERNS, REOPENING AMENITIES & MORE

Date/Time  May 7, 2020
12:00 pm – 1:00 pm

REGISTER HERE

Castle Group, Kaye Bender Rembaum and Plastridge Insurance invite you to a webinar:  “Association Continuity and Other COVID-19 Concerns”, Episode 2

You are invited to join episode 2 of “Association Continuity and other COVID-19 Concerns” with a special focus on re-opening community amenities and more. Panelists include:
  • Craig Vaughan, Castle Group – President;
  • Michael S . Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, Board Certified in Condominium and Planned Development Law
  • Brendan T. Lynch, AIP AAI, Plastridge Insurance Agency, President
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COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

COVID-19 SURFACE TESTING – NEXT DAY RESULTS AVAILABLE!

  • Posted: May 01, 2020
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COVID-19 SURFACE TESTING

NEXT DAY RESULTS AVAILABLE!

CVOID-19 CDC RECOMMENDATIONS AND INFORMATION

According to the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness that can spread from person-to-person. The main infection route is between people who are in close contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes.

It also may be possible that a person can contract COVID-19 by touching a surface or object that has the virus on it, and then touching their own mouth, nose, or eyes. Currently, transmission from surfaces is not thought to be the main way the virus spread, however the CDC’s April 13th update remarked: “COVID-19 is a new disease and we are still learning about how it spreads and the severity of illness it causes.”

 

As mentioned on our homepage, recent studies suggest that the CVOID-19 virus may remain viable and infective on surfaces for hours to days, depending on the surface material type (fabric, tile, steel, etc.).

Thorough cleaning and disinfection of frequently touched surfaces are recommended by the CDC and believed to be essential in preventing the spread of infection.

The presence or absence of the viral genetic material on environmental surfaces can now be directly tested with EMSL’s new CVOID-19 molecular-based test and used to demonstrate effectiveness of cleaning protocols.

 

Air Quality Assessors of Florida only performs the physical sampling of surfaces recommended to test by request of our client and in no way can guarantee the entire site is clear from COVID 19. AQA sends all samples to an accredited laboratory for analysis.

Call us or visit our website to schedule your assessment or request more information. We will get back to you with 24 hours.

844-CALL-AQA

 

 

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Concierge Plus: technology for modern property management

Concierge Plus: technology for modern property management

  • Posted: Apr 28, 2020
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Concierge Plus: technology for modern property management

by Chris Cooney
Senior Sales Executive — Concierge Plus
T: 305-850-7676 x128 — M: 786-667-0056

 

Our property management platform makes life easier for property managers and security companies by increasing efficiencies, improving resident service, and automating administrative processes so your condo or HOA runs more efficiently.

 

Getting started is fast and easy!

In less than a week, you’ll be handling maintenance requests, amenity bookings, visitor parking, package tracking, resident announcements, and resident information on a secure website, accessible to you at anytime from anywhere. Take your condo online today! Our dedicated Customer Success Specialist team will train your building staff, including on-site training at your location.

 

Improved Workflow

Improved Workflow

We make it a snap to handle service requests, amenity bookings, package deliveries, tracking visitors, and visitor parking.

Convenient Online Access

Convenient Online Access

Say goodbye to paper and binders by digitizing administrative tasks, while giving residents easy online access to many services.

Feature-Rich, All-in Pricing

Feature-Rich, All-in Pricing

Embrace a platform offering control and total flexibility, as well as competitive pricing, product updates and great customer service.

 

Discover the most cost-effective solution on the market

Competitive pricing is just the beginning. Concierge Plus is designed to save you time, money, and effort. Say goodbye to inefficient administrative tasks, mountains of paperwork, and time-consuming processes.

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IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

IT’S TIME FOR SOME NEW LEGISLATION FOR VOTING for OUR ASSOCIATIONS By Eric Glazer, Esq.

  • Posted: Apr 28, 2020
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IT’S TIME FOR SOME NEW LEGISLATION

By Eric Glazer, Esq.

 

No doubt we have been in unchartered waters for the past few weeks now.  Boards have been uncertain about how, when and where they can hold board meetings.  Unit owners are upset that they have heard that their Board is actually having meetings that they cannot attend.  Decisions are being made at meetings that are not properly noticed.  No doubt decisions and votes are being made by e-mail, even though the statute clearly prohibits it.

       Despite the extraordinary powers given to Boards under the emergency powers statute, there are a few things that remain clear;

  1. Board meetings must still be noticed;
  2. Unit owners have the right to attend board meetings;
  3. Board members still cannot vote by e-mail;
  4. Board members have the right to appear at Board meetings via telephone, real-time videoconferencing, or similar real-time electronic or video communication and it counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting.
  5. Unit owners who are not on the Board have no right to attend their Board meeting via the same technology that Board members get to use.

So what needs fixing?  Obviously, in light of recent events, all board meetings and unit owner meetings must be made available to the owners through technology.  Nobody should be forced to attend a meeting in person if board members are not forced.  .  Now, before anyone starts yelling that this is impossible…… it isn’t.  There was pushback about having a mandatory website that would hold all of the association’s records.  We learned it works great.  There was pushback when it came to on-line voting.  We learned it works great.

For me however, these past few weeks have been an incredible learning experience.  I have had the joy and honor of continuing to teach the Board Certification and Legal Update seminars.  There are 130 people on-line at one time!  We are on-line for three hours.  It works perfectly.  And after my part is over, everyone who wants to be heard gets to be heard.  Don’t tell me Board meetings can’t be run the same way.  They can.  Easily.  Far fewer people typically attend a board meeting.

So, it’s clear that it’s now time for unit owners to get the same rights as board members do and have the opportunity to appear at their Board and unit owner meetings through the use of technology.  If you still choose to attend in person, even better.  The choice should be yours.

 

 

 

The State of Florida Property Management Association has looked into these issues for voting and have found in Florida,  There are a few companies that had the insite and looked into the future of Online Voting. 

 

Supported by SFPMA:  BeckerBALLOT  –  Use this software for board of directors votes, amendment of governing documents, waive reserves and approval of material alterations and more! Your members need to simply log in, cast their votes and be on their way.

BeckerBALLOT, a joint partnership between Becker & Poliakoff and SHYFT digital. 

We offer an easy-to-use, secure electronic voting software solution that is compliant with state law. We provide the ability for members in condominiums, cooperatives and homeowner associations to cast their votes online.  You will be able to easily and seamlessly facilitate and increase member participation in important votes. All votes stay secure, anonymous and tracked for validity.

Once your Board adopts a Resolution which offers an online voting system for your members, members consenting to vote online may register and vote using BeckerBALLOT.com

 

 

Please join us from the comfort of your home or office for one of our upcoming online webinars where we will demo the vote creation and management tools with opportunity for Q&A.

April 28: 10:30 – 11:30 am: Register Now
May 5: 10:30 – 11:30 am: Register Now
May 12: 10:30 – 11:30 am: Register Now

 

 

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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

  • Posted: Apr 23, 2020
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Upcoming Events: Join Florida’s Top Industry Leaders, for informative Webinars and Board Member Certification events

 

Webinars are an excellent way to publish frequent, high-value content, Once a webinar has been produced, you and your creative team can repurpose and optimize it into several pieces of valuable content. Members of SFPMA and Other Leaders in our Industry have provided these

to help with social distancing yet keeping you informed.  Take a look at this list of events – Join and sign up!

 

 

Join our own Andrew Black, a Board Certified Specialist in Condominium and Planned Development Law, online for distance learning with the Condominium Association Board Member Certification Course .
This provides CE credit for CAMs and fulfills state requirements for Condominium Association Board Members.
Course Number: 9630075 | Provider Number: 0005092
Two (2) CEU’s in IFM or ELE
Wednesday, April 29th, 2020
1:00 PM – 3:00 PM
NOTE: When registering, you must use a valid email address in order to be able to receive your certificate and or CE credit.
After you register, you will receive instructions about how to join the Zoom webinar.
Join us as we discuss the implications COVID-19 is having on your association’s financials. 
Thursday | April 30 | 11am – 12 Noon
Rafael Aquino , Co-founder of Affinity Management
Michael Bender , Esq., BCS, Kaye Bender Rembaum
Lisa Magill , Esq., BCS, Kaye Bender Rembaum
Alex Leonardo , Lanter Leonardo & DiCrescenzo CPA

 

Join us for a WEBINAR: On, Assessment Collections during the Coronavirus Crisis

April 29 @ 2:30 pm – 3:30 pm EDT

WHAT: Assessment Collections During Crisis Q&A
WHEN: Wednesday, April 29th @ 2:30pm EST

Register to Attend this Webinar

With millions out of work due to the COVID-19 pandemic, homeowners associations and condo associations are starting to feel the crunch of increased delinquencies. When homeowners are in financial crisis, association dues takes a back seat to other essentials. But community associations need the funds to maintain the health and safety of everyone in the community.

In this webinar, Axela Technologies President of Business Development, Mitch Drimmer will be joining host Russell Munz, Founder of Community Financials and Douglas Levy Counsel for Community Association Practice Group at Rees Broome, PC to answer your questions on how you can maintain a healthy community while still exercising compassion during this crisis.

Get your ‘coronavirus in the community’ assessment collection questions ready and join us online:

 

COVID-19 Message: Watch our Recorded Webinars  

WITH:  CASTLE GROUP FOUNDER AND CEO JAMES DONNELLY & DONNA DiMAGGIO Esq.  BECKER SHAREHOLDER WITH BECKER LAWFIRM

We recognize there is a growing concern as the outbreak and impact of the coronavirus (COVID-19) continues to evolve. The safety and wellbeing of our teammates and residents are Castle’s top priority. Most importantly, we want you to know, we are prepared. We are working around the clock to monitor the situation, while partnering with the Centers for Disease Control and Prevention (CDC) and other state and local health officials on response efforts, as well as to provide you with the most up-to-date information.

At our sites, our teams are working diligently to take precautions and steps to ensure a clean and safe environment. We are making every effort to customize our plan based on specific community’s needs.

We remain committed to you, and to doing our part as an organization to ensure the health and wellness of every teammate, resident and community.

Sincerely,
James Donnelly
Founder and CEO

https://www.castlegroup.com/covid-19-message/.

 

WE ARE CONTINUING TO CERTIFY HUNDREDS OF YOU!
April 23rd, at 6:00 p.m. – SOLD OUT.
NEXT CLASS – APRIL 30TH, 6:00 P.M.
Just because we’re stuck in our homes doesn’t mean we can’t get together —- and learn together — remotely – in a safe and fun way.  NO EXCUSES.
Florida law allows the Board Certification class to be taught via a video conference and that’s exactly what we’re doing.
All you need is a device with a camera so I know you are there and speakers so you can hear me.
OUR FIRST FOUR ON-LINE CLASSES WERE AN AMAZING SUCCESS!
If you want to register, send an e-mail to: lydia@condo-laws.com
If you want to sign up, just provide us with an an e-mail address.  I will then send you a link that you need to click on to start the live seminar.  Make sure to go to: GoTo Meeting
in advance to simply download the program

 

 

The CDC recommends wearing face coverings in public settings where social distancing is difficult (e.g., grocery stores and pharmacies).

What does this mean for Florida condos and cooperatives in a growing number of hotspots where people must pass each other in narrow corridors or elevators?

Should requiring residents to wear face coverings in these or other common areas be part of your community’s Covid-19 protocols until such time as the CDC lifts this requirement?

 

Please be safe ~Stay Inside 

 

 

 

 

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Professional Home & Office Decontamination for Coronavirus by Flash BioClean

Professional Home & Office Decontamination for Coronavirus by Flash BioClean

  • Posted: Apr 20, 2020
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Professional Home & Office Decontamination for Coronavirus by Flash BioClean

 

Indoor Environmental Mitigation and Remediation

Flash Restore specializes in Emergency, and non Emergency, Indoor Environmental Mitigation, Remediation and Decontamination of building materials and their systems, contaminated by Fire, Water, Mold, Hazardous Materials, Pests, and Biological Hazards.

Flash BioClean, which is a dba of Flash Restore, is providing services to treat coronavirus in Homes, Offices, Condos, Assisted Living, Rentals, and all kinds of indoor environments. I have attached a really great brochure that explains it all. Flash BioClean is not your ordinary cleaning company as we are trained, certified, licensed, and insured to work with biohazards and have been for years.

 

FLASH BIOCLEAN COVID-19 BROCHURE

 

Donald Brodsky
C: 561-722-7572
Donald@FlashRestore.com

Flash Restore
6000 Park of Commerce Blvd
Suite C
Boca Raton, FL, 33487
O: 844.FLASH24
O: 844.352.7424
O: 561-475-3000
www.FlashRestore.com

 

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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

  • Posted: Apr 17, 2020
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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols

by DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

CALL ALERTS

I hope this CALL Alert finds each of you in continued good health.

The extent to which this pandemic has and will impact our private residential communities will not be known for some time. In the interim, we are urging our CALL members to take all recommended precautions to minimize the potential for community spread in their associations.

It is not surprising that some of your residents are pushing back against the COVID-19 protocols you’ve put in place for their protection.  As the weeks go on, you can expect even more violations as residents grow even more restless. However, it is important to remember that any individual who continues to use closed common areas, refuses to adhere to social distancing or enhanced sanitization guidelines or who has been ordered to self quarantine but refuses to do so is not committing a trivial violation. That resident is potentially putting his or her neighbors at serious risk of contracting COVID-19.  As such, boards must react swiftly to such violations.

If you have individuals who have arrived in your community from a hotspot where there has been substantial community spread who do not adhere to the 14-day quarantine order, the penalties can be quite severe. Any person who violates any isolation or quarantine directed by the Department of Health commits a misdemeanor of the 2nd degree punishable by imprisonment not to exceed 60-days and a fine of up to $500.  It is the duty of every state and county attorney, sheriff, police officer and other city and county officials to enforce the DOH’s quarantine order.  That being said, some local officials are stringently enforcing these orders while others are not.  In addition, you may have individuals who are not subject to a quarantine order but have nevertheless jumped the pool fence to continue accessing your closed pool or decided to keep using the fitness room. All of these violations require swift action on your part.

Please click here to read my latest column in the Miami Herald on enforcing your COVID-19 protocols. If you are experiencing violations of your COVID-19 protocols please contact me immediately to discuss your options.

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Many of you have been following the COVID-19 legislation Congress is passing and wondering whether the relief being offered will apply to your association.The Coronavirus Aid, Relief & Economic Security Act (CARES) is a $2 trillion relief package which allocates $350 billion to help small businesses keep their workers employed throughout this pandemic.  The Small Business Administration (SBA) will provide loans of up to $10 million which may be forgiven provided workers stay employed through the end of June known as the Paycheck Protection Program (PPP). The purpose for these loans is to allow small businesses to fund payroll and to make their mortgage, lease and utility payments. Unfortunately, community associations do not appear to currently be eligible for these payments as they do not fit within any of the eligible categories:

  • Small Businesses with fewer than 500 employees
  • 501(c)(3) organizations (charitable, religious or educational institutions)
  • 501(c)(19) organizations (veterans)
  • Tribal businesses
  • Individuals who operate a sole proprietor
  • Individuals who are independent contractors

There is confusion in some quarters about the difference between a not-for-profit corporation and a nonprofit. Community associations fit within the former category as they are not-for-profit corporations.However, community associations could qualify for Economic Injury Disaster Loans (EIDL) which are low interest loans of up to $2 million with principal and interest deferment at the Administrator’s discretion and are available to pay expenses that could have been met had the disaster not occurred and include payroll and other operating expenses. Obtaining this loan may require membership approval so speak to your Becker attorney when applying for same.

In addition to helping businesses stay afloat, CARES will provide most individuals earning less than $75,000 (based on either one’s 2018 or 2019 tax return) a one-time cash payment of $1,200 with married couples each receiving a payment. Families would also receive $500 per child. People who receive Social Security benefits but do not file tax returns are still eligible for these payments. Individuals who are out of work will receive an additional $600 per week from the federal government on top of the base amount that the State of Florida provides.  CARES also creates a new, temporary Pandemic Unemployment Assistance program through the end of this year to help people who lose work as a direct result of COVID-19 and provides an additional 13 weeks of unemployment insurance. This monetary relief should help ease the financial uncertainties that many of your residents are facing.

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The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020 and became effective on April 2, 2020. Among other items, this legislation provides paid sick leave and expanded paid leave under the Family and Medical Leave Act (FMLA).  This legislation:Covers all private employers with fewer than 500 employees. Including community association employers that have fewer than 500 employees.

  • Covers both full and part-time employees. Full time employees receive sick leave of up to 80 hours. Provides part-time employees with paid sick leave equal to the number of hours the employee works on average over a 2-week period.
  • Provides that employees may immediately take paid sick leave regardless of the length of employment.
  • Provides that employees may take expanded leave under the FMLA provided the employee must have worked for an employer for at least 30 calendar days.
  • Protects employees who are taking paid sick leave because they have been diagnosed with COVID-19, experiencing symptoms and seeking a diagnosis, experiencing symptoms substantially similar to those exhibited by COVID-19 or who are quarantined by providing them with a maximum of $511 per day or $5,110 in total.
  • Protects employees taking paid sick leave to care for a family member who is sick or quarantined or to care for a child whose school or place of care is closed by providing them with a maximum of $200 per day or $2,000 in total.
  • The FFCRA requires a community association to provide employees leave to care for a child who is not sick. FFCRA requires up to 12 weeks of paid leave to care for a child under 18 years of age if the child’s school or place of care has been closed. It does not matter whether the child is sick. The first 10 days of leave are unpaid, but the employee can use any accrued paid leave during that time. The remainder of the leave is paid at 2/3 of the employee’s regular rate of pay, not to exceed $200 per day or $10,000 in total.
  • Presently there is no relief for community associations with fewer than 50 employees. However the Secretary of Labor under FFCRA has the authority to exempt small businesses with fewer than 50 employees when compliance with FFCRA would jeopardize the viability of the business.
  • Employers who pay leave under FFCRA will be reimbursed through a payroll tax credit.
  • It is unlawful for an employer to retaliate against an employee who takes paid sick leave in accordance with FFCRA or who files a complaint under FFCRA. The penalties are similar to those provided for under the Fair Labor Standards Act which generally provides for lost wages, liquidated damages and attorneys’ fees and costs to a prevailing employee.

So many important aspects of our daily lives have changed since Governor DeSantis first declared a State of Emergency on March 9, 2020 and a national State of Emergency was declared on March 13, 2020.  The coming weeks will continue to present their challenges but we are here to help your board and management professionals.For our most up to date information please visit us at www.beckercovid19.com.

 

Donna DiMaggio Berger

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

 

 

 

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