04/09/2021
đź—Ł COVID-19 UPDATE đź—Ł
Although many community associations have reopened their amenities, some are still wrestling with the issue. One recent development may serve to encourage more communities to open up. On March 29, 2021, Governor DeSantis signed SB 72 into law, granting liability protection to business entities, including community associations, from lawsuits related to COVID-19 exposure if such entities made a good faith effort to substantially comply with all government issued health standards and guidance. As such, in addition to other precautions, associations re-opening their amenities should make a good faith effort to follow all federal, state, and local health guidelines regarding COVID-19.
Given that the vaccine is now being distributed throughout the United States and other parts of the world, the first question becomes one of availability and how to obtain the vaccine. Many community associations in Florida have been successful in securing vaccines for their residents by contacting the Florida Department of Health and setting up private “Vaccine Clinics” for their communities. Associations that intend to host a Vaccine Clinic should consult with their attorney regarding steps necessary to protect the association from liability.
As many Americans have already been vaccinated, the next big question is whether community associations should require proof of vaccination for residents to use the amenities. Although this is a complicated issue that deserves further discussion, in my opinion the best practice at this time is to monitor the requirements imposed by state and local governments and follow suit. On April 2, 2021, Governor DeSantis signed Executive Order Number 21-81, banning all businesses from requiring a “vaccination passport” or other documented proof of vaccination in order to gain access, entry, or service from the business. As such, requiring proof of vaccination is not recommended. If a community association makes the decision to re-open the amenities, the amenities should be made available to all residents, regardless of vaccination status.
Should you have any questions regarding setting up a Vaccine Clinic or regarding re-opening your association’s common area amenities, please feel free to contact me.