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The latest news, information, and regulations surrounding the coronavirus (COVID-19) pandemic are changing fast. We are taking crucial steps to protect everyone’s safety while at the same time providing the continued excellent legal services our clients deserve and have come to expect from Haber Law.
The Haber Law attorneys are here to support our colleagues and clients as this crisis has undoubtedly impacted business operations in various ways. The information included on this resource page is meant to inform and does not constitute as legal advice.
Contact our experienced attorneys directly for more information.
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The Florida Bar has provided a listing of Court and Bar announcements, member resources and Bar event changes that may affect Florida Bar members, as well as general information for Floridians affected by the COVID-19 crisis.
It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives. Due to the number of residents that may inhabit a condominium building, the exposure to others in common areas, and the frequency of elevator use, it has been imperative for condominium associations to work with their management companies to continuously implement procedures and protocols to prevent the spread of COVID-19. Below is a checklist of what condominium associations should be discussing with their management companies in order to deal with residents testing positive for COVID-19.
About the Author: Katrina Sosa concentrates her practice in the areas of complex business law and litigation, condominium association law, and construction law. Since joining the firm, she has worked on both litigation and transactional matters. Katrina has worked on various phases of construction defect litigation ranging from the inception of the case to preparing for trial. On the transactional side, she has worked on a shareholder buyout for a local food company as well as real estate acquisitions.
It’s that time of year again—Election season! As many condominium associations begin preparing to hold their annual membership meeting, many are wondering how to do so safely given the ongoing COVID-19 pandemic.
Fortunately, over the past few months we have learned there are several different technologies that will allow association members to participate in annual elections from the safety of their own homes. Rather than holding the election in-person, associations should consider utilizing video conferencing providers, such as Zoom or GoToMeeting, to virtually host the election. Notice of the election will be sent out to members in the same manner as before with one exception: the physical location of the meeting will be replaced (or supplemented) with instructions to access the meeting virtually, such as a link, meeting ID and/or telephone call in number.
The pandemic also presents a great opportunity to implement electronic voting for your community (if you haven’t done so already). For condominium associations, elections of directors must be by secret ballot, voting machine and electronic voting, depending upon the specific procedures established in your association’s governing documents. The process of casting votes via written ballot will remain the same for a virtual meeting, as members will still be required to mail in or hand-deliver their ballots prior to the election time. The only difference is that members cannot stay in person to watch the counting of the votes after dropping off their ballots. For those associations who cast votes by voting machine, an alternative solution will need to be developed. In such an instance, the Board should contact the association’s attorney prior to noticing the election to ensure the meeting notices comply with Florida law.
Finally, although members will be asked to attend the election and annual meeting virtually, the association should have at least one board member, the manager and/or the election committee present on the property to count the ballots on camera so members can watch the election process virtually in a manner similar to how they would during an in-person election. Additionally, should any confused members show up to this location, the individuals present will be able to provide the members with the virtual meeting login information if necessary and collect any last-minute ballots.
The attorneys at Haber Law can help guide you through the unique process of holding your condominium election during a global pandemic.
About the Author: Kristen E. Ferrer’s practice focuses on representation of community associations, real estate law, and commercial litigation. She is also experienced in dissolution of marriage and child custody matters and has represented clients in probate proceedings, contract disputes, asset and stock purchase transactions, and corporate formation.
At Haber Law, the health and safety of our employees, clients, professional colleagues, and strategic partners is our top priority. We also want to be responsible members of the business and legal community, including the greater South Florida community.
Join us for a webinar to learn more about how COVID-19 is impacting South Florida condo associations.
Read our article in the Daily Business Review on legal considerations for condo associations and biometrics.
Printed in May, an article by Jonathan Goldstein in the Florida Community Association Journal , “Community Association Safety Issues in the Time of COVID-19”.