Amenities and Common Elements

March 13, 2020

How Should Community Associations Handle Meetings and Common Area Use Amid Coronavirus Outbreak?

by Siegfried Rivera

Siegfried Rivera

The coronavirus pandemic has created a lot of uncertainty for community associations throughout Florida, especially concerning meetings and amenity use. Management professionals and board members are left struggling between protecting their residents by taking measures to limit the spread of the virus and continuing to conduct business as usual.

We share your concerns about the COVID-19 outbreak and the impact that it may have on our community. We urge that everyone continues to turn to the CDC and other qualified health professionals as their primary source of information and guidance. As we navigate these unchartered waters together, we ask that our clients stay calm and take rational courses of action to safeguard their communities and addressing situations properly while protecting their association from a potential claim.

As the CDC continues to encourage “social distancing,” many associations are left wondering whether or not they should be moving forward with duly scheduled meetings. Board members and property managers should evaluate the importance of the action items being discussed or voted upon before making any determinations on cancellations. Boards that are concerned about having in-person meetings should consider holding virtual meetings in conjunction with or in place of in-person gatherings.

Social gatherings in clubhouses and recreational facilities are also a cause of concern. We discourage clients from limiting the number of guests that residents can invite or trying to impose intrusive policies such as checking temperatures prior to allowing entry to the community. When in doubt, contact association counsel for a legal opinion.

March 5, 2020

Coronavirus Plans, Precautions for Proactive Community Associations

by Evonne Andris

Evonne Andris

On March 2, 2020, York Condominium Corporation of Ontario, Canada, advised its residents that one of its security guards, who had traveled overseas, had been diagnosed with COVID-19. For the residents of the community involved in this case and all those who reside or work in communities with associations, chatting and interacting with one’s fellow neighbors and association staff can be one of the greatest joys of condominium or community living. However, being in proximity with others is the most typical pathway to contagion when infectious diseases such as the deadly COVID-19 coronavirus are circulating. In response to the expected rise in COVID-19 cases, now is the time for associations to dust off and review their emergency plans and implement some important precautions.

To protect against catching and spreading COVID-19, the Centers for Disease Control and Prevention recommends washing hands frequently with soap and water for at least 20 seconds, especially after going to the bathroom, before eating, and after blowing your nose, coughing or sneezing. If soap and water are unavailable, use an alcohol-based hand sanitizer with at least 60 percent alcohol. It is also recommended to avoid close contact with people who are sick, and stay home when you are sick.

Community associations should take a proactive approach toward preparing for the potential spread of COVID-19. Associations should consider installing and using hand sanitizer dispensers in high traffic areas, including the lobby, management office, meeting rooms, social rooms, dining halls, package rooms, fitness center and elevator vestibules. They should also focus on upgraded cleaning measures and protocols to help ensure that high-touch surfaces, including lobby reception desks, elevator buttons, handrails and door handles, are being cleaned and sanitized on a regular and frequent basis. Common-area restrooms should be cleaned and inspected with frequency, and special attention should be given to refilling all essentials such as soap and towel dispensers.

January 27, 2020

Emerging Options, Opportunities in Electric Vehicle Charging Stations in Condominiums

by Roberto C. Blanch

Roberto C. Blanch

Plug-in electric vehicles are one of the fastest-growing segments of the automotive industry, and sources have claimed that sales of such vehicles are predicted to reach one out of every five vehicles sold during the next decade. As a result of this growing trend, condominium communities nationwide are confronted with numerous concerns which must be addressed in order to accommodate the needs of an increasing percentage of unit owners hoping to find a solution to their electric vehicles’ charging needs.

Florida legislation adopted recently now requires condominium associations to accommodate owner requests to enable electric vehicle charging, with all the related costs being borne by the requesting owners.

Condominium associations have generally adopted two distinctive approaches to address needs and requests related to their members’ electric vehicle charging needs. Some associations with available space for a dedicated electric vehicle parking area have opted to install shared community charging stations. Those communities opting for this approach may have pursued the installation of the charging stations on their own, while others may have availed themselves of third-party vendors interested in coordinating and funding the installation of such charging stations at the condominium.

April 22, 2019

Associations Take Heed: Pickleball Creates a Real Racket at South Florida Community

by Roberto C. Blanch

Roberto C. Blanch

A recent report by Channel 7 News (WSVN-Fox) in South Florida shined a spotlight on a new trend that is beginning to cause noise disruptions at some of the area’s condominium communities. It is called pickleball, and the sport is becoming especially popular for 55-and-older retirement communities. While the decision of the association’s board to accommodate the sport seems innocent, it appears to have triggered some unintended consequences that other community associations should bear in mind.

First created in 1965, pickleball is a paddle sport for all ages and skill levels that combines many elements of tennis, badminton and ping-pong. It is played both as singles and doubles on a badminton-size court using a slightly modified tennis net, paddles and a plastic ball with holes.

The station’s report, which states that the sport is becoming very popular, chronicles the issues that are arising from the noise that pickleball is creating at the Wynmoor in Coconut Creek retirement community in Broward County. Two of the community’s tennis courts were converted into eight pickleball courts, which allow for up to 32 people to play at the same time.

Linda Waldman, the owner of a unit near the courts, states: “It’s a very noisy game, unfortunately . . . there is a ‘pong’ not also from the racket, but also when it hits the ground. Ponging and screaming. It’s a very enthusiastic game. The people love it.”

January 17, 2019

Article by Michael Toback in Today’s Daily Business Review: “Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center”

by Siegfried Rivera

Siegfried Rivera

The firm’s Michael Toback authored an article that appeared as the featured “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center,” focuses on the takeaways from a recent appellate ruling involving association bans of guests from amenities and common areas. The article reads:

Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner’s association as to whether a personal trainer is an invitee or a licensee. However, the Fourth District Court of Appeal reversed the decision, concluding that neither the analogy nor the analysis was properly applied to the facts of the case.

The Fourth DCA’s recent ruling in Charterhouse Associates v. Valencia Reserve Homeowners Association brings an added measure of clarity to the proper test for courts to apply when determining who may be classified as a licensee by associations.

The residents of a property owned by Charterhouse within the Boynton Beach, Florida community paid and authorized a personal trainer to lead their workouts in the community fitness center. The gym is one of the amenities available for use by owners, family members, guests, invitees and tenants according to Valencia Reserve’s declaration. When the association later entered into a contract with a different vendor to be the exclusive provider of personal training services in the fitness center, it banned the residents’ trainer from the facility.

September 27, 2018

Article by Michael Hyman in Today’s Daily Business Review: “$7.5M Verdict Against Condo Association Should Have Been Prevented”

by Siegfried Rivera

Siegfried Rivera

The firm’s Michael L. Hyman authored an article that appeared as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “$7.5M Verdict Against Condo Association Should Have Been Prevented,” discusses the multi-million dollar verdict in a case involving a hot tub accident at a St. Petersburg, Florida, condominium and the potential ramifications that can result when any defects in community amenities are not properly addressed. Michael’s article reads:

In 2008, Ehab Mina was about to step into the hot tub at the Boca Ciega Resort & Marina Condominium when he became startled to see that it was partially drained. The problem in the hot tub caused the 44-year-old to slip, and he badly injured his right shoulder and spine.

Mina required multiple surgeries, and he was ultimately forced to sell his boat-building business as a result of his injuries. He filed suit against the association and its property management company, Condos by Sirata Inc., alleging that the hot tub should have had a posted warning and adequate lighting in the evening hours.

The attorneys for the condominium association responded by arguing that the half-empty hot tub was an obvious condition, but the jury found the association and its management company to be jointly liable. It awarded a $7.56 million verdict to Mina.

Continue reading

May 8, 2018

$20 Million Verdict Against HOA for Playground Injury Serves as Industry Wake-Up Call

by Roberto C. Blanch

Roberto C. Blanch

For many Florida residents, the appeal of living in condominium and homeowners’ associations is partly due to the many types of shared amenities and recreational facilities that these communities provide and maintain for the enjoyment of all residents and their guests. Swimming pools, tennis courts, playgrounds, fitness centers, and social rooms are only a few examples of the common elements or areas made available in community associations to enhance the residents’ quality of life.

While these amenities provide significant benefits, they also come with important responsibilities for the association with respect to maintenance and upkeep. These maintenance responsibilities must be taken seriously, as severe injuries from a lack of proper maintenance can occur and may expose an association to considerable liability.

One of the most telling examples of the potential ramifications of improper maintenance of recreational amenities came in the $20 million verdict that a Las Vegas jury reached earlier this year after a teenager suffered severe brain injuries from a swing set collapsing on his head at the Lamplight Village gated community. In that case, stemming from an incident that occurred in 2013, a crossbar located on the association’s common-area swing set had corroded and worn badly at the connection points. As a result, the 42-pound crossbar fell on a 15 year-old boy’s head while he was using the swing set, causing significant brain injuries.

May 7, 2018

New Law Gives Condominium Owners Green Light for Electric Vehicle Charging Stations

by Nicole R. Kurtz

Nicole R. Kurtz

With their eco-friendly promise to Mother Nature, electric vehicles have gained popularity among U.S. consumers and policymakers alike, and auto industry giants are predicting even further growth for this high-tech and environmentally-friendly segment of the market in the future. Notwithstanding the growth thus far, one of the challenges that has been potentially inhibiting the greater dispersion of electric vehicles throughout Florida has been the lack of clarity in the law with respect to the installation and use of electric-vehicle charging stations within condominium communities. However, Florida’s Legislature recently passed a new law facilitating an owner’s capacity to install and use an electric-vehicle charging station within their condominium building that will surely ameliorate some of these challenges.

Before adoption of the new law, and as a result of the potential legal, engineering and financial liabilities resulting from the installation of electric-vehicle charging stations on a large scale, many boards of directors raised questions regarding the proper method to facilitate owners’ requests to install electric-vehicle charging stations within condominium building parking garages. The new addition to Florida’s condominium association laws provides clarity to some of these questions.

January 8, 2018

Tackling Hoarding in Community Associations

by Nicole R. Kurtz

Nicole R. Kurtz

Hoarding is becoming an increasingly common problem throughout the nation, especially for community associations where people are forced to cohabitate at close proximities. Depending on its gravity, hoarding can pose health threats to fellow residents, causing foul odors and pest control issues that spill over into hallways and neighboring units. Despite being a nuisance, it is important to remember that compulsive hoarding is a disorder, one which usually implicates some sort of mental health issue. As a result, community association board members and property managers should be sensitive and discrete when handling hoarding concerns in their communities. Continue reading

May 23, 2017

Association Pool Tips for Safe, Fun Summer Season

by Siegfried Rivera

Siegfried Rivera

At the start of summer, associations should evaluate their pool rules and procedures in addition to conducting all of the necessary inspections of their pools, spas and related equipment.

With the help of qualified professionals, the inspections should include all pools and pool equipment as well as the surrounding amenities, including gates, fences, signs, locker rooms, etc.

Association pool rules should focus on health and safety, and should avoid focusing on classes of protected persons, particularly families with children. Making the activities of children the focus of prohibitory rules can substantially increase the potential that an association will receive a complaint alleging discriminatory conduct under federal, state and local fair housing laws. Even prohibiting something as seemingly innocuous as “pool toys” could be deemed discriminatory, if directed specifically at children, rather than at all persons.

Likewise, unless your community avails itself of the Housing for Older Persons exemption to the anti-discrimination provisions of the Fair Housing Amendments Act of 1988, designating “adults only” pools or use times may give rise to FHA violations. Furthermore, some courts have found that not permitting children access to pools and other amenities unless accompanied by parents could also give rise to FHA violations.

Some of the most common safety-related rules include:

No running.
No glass containers.
No diving in shallow areas.
No pushing, horseplay, roughhousing, or dunking.
No smoking and/or tobacco products in the pool area.