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COVID 19: SOME RELIEF FOR ASSOCIATIONS
By
Rafael Aquino
Published May 5, 2021
Associations have, for the most, tried
to keep up with the many executive orders and government guidelines
from federal, state, and local agencies. Of course, the best
approach to this is to seek a formal attorney opinion that can guide
the management team’s operational plans to services and solutions as
this new normal took hold of our daily lives. One of the biggest
concerns for associations was potential liabilities from parties
that would claim contracting COVID19 at/from an association common
area.
Governor Desantis signed Senate bill
72 into law that makes it next to impossible to seek legal claims
against an association and sets a very high standard: absent at
least gross negligence proven by clear and convincing evidence, the
defendant is not liable for any act or omission relating to a
covid-19-related claim, and the burden of proof is upon the
plaintiff to demonstrate that the defendant did not make a good
faith effort to comply with authoritative or controlling
government-issued health standards or guidance at the time the cause
of action accrued. At least gross negligence is a tough standard to
prove.
Moreover, this bill also makes it
difficult to file the suit by requiring a Florida licensed physician
that the COVID19 related injuries, death, etc can be appropriated to
the association.
However, the bill does not relinquish
the association from having to make reasonable preparations to
ensure social distancing is being exercised, that masking policies
are respected, sanitizing is being offered. Regular cleaning of
areas is being conducted. The association has to show reasonable
faith efforts that it has been following safety guidelines.
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As the Co-Founder and CEO
of Affinity Management Services, Rafael P. Aquino leads his team to
redefine excellence. They serve community associations
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and effectively with
dedication and passion. Rafael’s energy and positive
spirit is the foundation of Affinity Management
Services’ company culture, which instills enthusiasm and
excitement when providing expert advice to its board
members and relieving the day-to-day burdens of running
a community association.
Since 2007, Rafael has
developed a work culture that values responsive and
high-quality services. He has led his team by following
a proactive vs reactive philosophy. The same approach
Rafael instills in the day to day operations of each
association. Today, Affinity Management Services
maintains its success and benefits as a result of the
foundation Rafael has built and continues to foster by
providing educational seminars, continuing education
classes for association managers and board members
alike.
Rafael and his team help condominium and homeowners’
associations save money and improve their communities.
His calm, personable, and service-oriented nature helps
him to establish strong relationships with ease. Rafael
is known as a sincere and honest leader who looks out
for the best interests of his clients and communities,
and he strongly advocates for their needs. His role
requires coordination and communication, as such he
takes logical and intelligent steps to approach
challenges head-on.
As a graduate of Florida International University’s
electrical engineering program and a licensed community
association manager, Rafael’s education and skills equip
him with unique insights to tackle complex problems
through critical thinking. He understands how each
component within a system works together in order to
effectively arrive at solutions, techniques, and
conclusions. Therefore, as he manages the multiple
challenges of running a community association management
company, he understands how each property is its own
unique system and tailors’ specific services to assure
that all their needs are met.
For more information about Rafael P. Aquino and Affinity
Management Services please visit
www.ManagedByAffinity.com or call 1-800-977-6279
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Doral Office: 8200 NW 41st ST
Suite 200
Doral, FL 33166
Broward Office: 150 S Pine Island RD Suite 300
Plantation, FL 33324
O: 800-977-6279 ● F: 305-325-4053
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