COVID-19: Resources and Insights

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.

Emergency Orders

Foreclosure Eviction Moratorium Extended until 8-1-20

City of Miami Beach

State of Florida

Miami Dade

City of Miami

Latest Government Health Guidelines and Business Resources

Center for Disease Control (CDC)

World Health Organization (WHO)

U.S. Department of Labor COVID-19 Resources

USDOL Safety and Health Topics

Travel Advisories

Latest News from the Florida Bar

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.

Read more

 

Insights

What Can A Condo Association Do If A Resident Has COVID-19?

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.  

 

  • Encourage residents to self-report to management the date on which they tested positive and the common areas in which they frequented in the days prior.  It should be emphasized that the identity of the resident will be kept completely confidential.  
  • Management should communicate all appropriate steps the resident should take to ensure CDC compliance.  This includes, but is not limited to, limiting the frequency the resident leaves his or her unit, restricting the resident’s ability to access and/or use any of the amenities of the building, and arranging for all deliveries to be brought up directly to the resident’s unit and left outside the door in order to minimize any third-party contact with the resident for the quarantine period recommended by the CDC.
  • Management should adhere to the CDC’s current enhanced environmental cleaning and disinfecting guidelines to properly clean all common areas of the condominium property.  Said guidelines may be accessed and reviewed here.
  • Management should ensure that their responses to residents who report that they have tested positive for COVID-19 are compliant under the Fair Housing Act and related regulations.  Condominium Associations should consult their legal counsel regarding any Fair Housing Act compliance issues. 
  • Management should routinely check Emergency Orders issued by state and local governmental authorities to ensure they are complying with them. 
  • Any new rules implemented by a condominium association and its management to deal with residents testing positive for COVID–19 should be properly voted upon by the Board of Directors at a duly noticed board meeting, which may be held virtually.

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.

Conducting Condominium Elections During COVID-19

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.

A Message from Our Managing & Founding Shareholder, David B. Haber

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.

david b haber

Community Associations

Our Upcoming Webinars and Guidance for Community Associations

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”.

This website uses cookies to understand your use of our website and to give you a better experience. By continuing to use the site or closing this banner, you agree to our use of cookies. Please refer to our Privacy Policy to better understand how we use cookies.