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UNFORTUNATELY – BACK TO COVID-19 FOR A MOMENT
By
Eric Glazer, Esq.
Published October 2, 2023
In 2020 when Covid was roaring, I had lots of questions
thrown at me regarding what Boards can and cannot do when it
came to mandating masks and/or keeping people out of the
condominium property or HOA clubhouse. Newly enacted
Florida Statute 381.00316 has just answered some of the
questions we only guessed at before.
Section 381.00316(3)(a)
states:
A business entity may not require any person to provide any
documentation certifying vaccination with any vaccine
defined under subsection (2) or postinfection recovery from
COVID-19, or require a COVID-19 test, to gain access to,
entry upon, or service from the business operations in this
state or as a condition of contracting, hiring, promotion,
or continued employment with the business entity.
Section 381.00316 (5)(a): states:
A business entity or governmental entity may not require a
person to wear a face mask, a face shield, or any other
facial covering that covers the mouth and nose. A business
entity or governmental entity may not deny any person access
to, entry upon, service from, or admission to such entity or
otherwise discriminate against a person based on such
person’s refusal to wear a face mask, a face shield, or any
other facial covering that covers the mouth and nose.
So the question is……………is a condominium association or
homeowner association a “business entity?”
Florida Statute 381.00316(2)(a)
states:
As used in this section, the term:
“Business entity” has the same meaning as in s. 606.03.
The term also includes a ………..corporation not for profit as
defined in s. 617.01401…..
Florida Statute 617.01401 states:
(5) “Corporation
not for profit” means a corporation no part of the income or
profit of which is distributable to its members, directors,
or officers, except as otherwise provided under this
chapter.
After all that leg work……..we arrive at the conclusion that
the above statute applies to all condominium and homeowner
associations because they are also not for profit
corporations. I pray that we never have to even look at
these statutes ever again and that COVID is gone for the
most part, but if it shows its ugly head again, now you know
what you cannot do.
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About
HOA & Condo Blog
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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 three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 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.
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