Reopening… check your state and local
government websites to know what is required.
Eric Glazer, Esq.
Published May 18, 2020
As the curve flattens, the
state, its counties and its cities are now beginning to permit
their communities to reopen. But what does that mean and what
should your community do to plan for the reopening?
Every community should
check their state and local government websites for the most
current information on how their community may reopen and what
their government requires of them. The websites will provide you
access to the executive orders or declarations that have been
passed concerning closures and re-openings in your community.
The requirements will vary based on your specific locality so
checking your specific county and city websites are important as
the requirements and scheduled re-openings vary from county to
county and city to city.
For example, some counties
have specific requirements and explain what may be reopened such
as the pool or such as outdoor recreational activities. Some
counties vary on what may be reopened with some counties
permitting condominiums and multifamily housing to reopen
certain features such as the pool and pool deck subject to
restrictions while others do not, limiting re-openings instead
to only single family residential homes, townhomes, duplexes or
villas where the likelihood of sharing common areas with many
people is small and limited to one or two households.
Other examples of
variations between local requirements can be found in
requirements such as social distancing, percentage occupancy of
common areas like the pool deck, access to certain common areas
like outdoor or indoor, use of common area furnishings which
some counties expressly prohibit, hours of operation for common
areas or supervisory restrictions to ensure compliance with the
local government regulations. So local requirements vary.
Because such requirements make up local law, communities should
not rely on what other counties and cities do as such laws may
not similarly apply in your county or city.
Finally, all of the
governments suggest compliance with the CDC social distancing
guidelines should occur. The CDC guidelines contain recommended
practices for communities to follow and include guidelines
beyond social distancing that are relevant to residential
communities and commercial businesses. The CDC guidelines are
evolving so subject to change. Each community should review
their requirements and the CDC guidelines to determine what is
required for and best for their community. Knowing what the
governmental requirements exist is paramount. So the sooner
your community becomes aware of what is required the sooner you
can determine whether reopening can be done in compliance with
the law and, if so, to put a plan in place to ensure compliance
Below is a link to CDC guidance concerning shared living
arrangements. It addresses various common use areas such as
pools, laundry rooms, recreational and gym facilities, shared
bathrooms and more.
Below is a link to CDC
guidance specific to retirement communities.
HOA & Condo Blog
Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.