As we enter Phase One of re-opening Florida, a question in all of our minds is, how does this affect re-opening associations and our communities? As managers and board members, we are sure you are getting a lot of pressure from both ends of the spectrum. On one end, protect the residents, and on the other, open everything up! While managers and board members certainly have no legal obligation to guarantee the health and safety of their residents, there is a degree of care that is expected given that the Association is responsible for the maintenance and the running of the Association amenities. The Association can be held liable for negligence for failure to take precautionary steps in light of foreseeable harm. 

It is accepted that we are amid an international healthcare crisis that has been acknowledged and addressed by our National and State Government officials. With guidelines from the Center for Decease Control (CDC) and State officials, it is reasonable to expect that residents would have a right to hold a Manager and their Association board to a Duty of Care comparable to those standards.    

While the board does have the authority to shut the Association amenities down, per the DBPR issued Emergency Order 2020-04 (Florida Statute 718, 719, 720 Board Emergency Powers have the same application under this order as they do under the Statute), we are not saying this is always in the best interest of the Association. 

It is a case by case situation and will depend on the amenity, the resources of the Association, the Association documents, the location of the Association, and the particular circumstances affecting that Association. Below are some general guidelines to assist you with beginning your “reopen” discussion. However, we strongly recommend you speak with your attorney before implementing any plan. 

Phase One: A Guide to Re-opening Associations Step 1: 

Are you insured? It is crucial that the Association contact your insurance agent and determine what exposure the Association, the board members, and managers have by reopening the amenities. Some policies do have bacterial exclusions, but most policies do not have viral or infectious disease exclusions.  

Phase One: A Guide to Re-opening Associations Step 2: 

Create specific guidelines for each amenity within the Association. Generalized instructions and waivers are easy, but also create more of a gray area, opening the door for potential claims against the Association. Having specific guidelines and exemptions for each amenity shows that the Association took the extra steps to ensure that the residents were aware of the particular restrictions for that amenity and accepted and agreed to abide by the rules for that specific amenity. 

Tennis Courts/ Racketball Courts  

• Require residents to sign a waiver/ disclaimer before use 
• Post guidelines/rules next to court 
• Remove observation seating 
• Limit playtime to allow usage by maximum residents and consider a signup sheet with time slots to avoid gatherings  
• Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
• Require proper social distancing of 6’ at all times 

Swimming Pools  

• Require residents to sign a waiver/ disclaimer before use 
• Post guidelines/rules next to the pool and within the pool area 
• Remove all pool furniture and suggest residents bring their own if desired 
• Close off all areas except the pool and direct access to the pool 
• Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
• Consider a signup sheet with time slots to avoid gatherings and disappointments.  
• Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
• Require proper social distancing of 6’ at all times 
• Consider having an Association attendant at all times the pool is open to ensure the rules are being followed. 

Community Workout Room  

• Require residents to sign a waiver/ disclaimer before use 
• Post guidelines/rules next to the workout room and within workout room 
• Require face mask to be worn when not working out 
• Require personal gloves to be worn at all times 
• Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
• Consider a signup sheet with time slots to avoid gatherings and disappointments.  
• Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
• Require proper social distancing of 6’ at all times 
• Consider having an Association attendant at all times the workout room is open to ensure the rules are being followed and equipment is wiped down after each use. 

Basketball Courts  

• Because basketball is a contact sport, we are recommending at this time that basketball courts remain closed. 
• You can consider removing the rims to ensure that no play will be permitted. 
• Post clear signs that the court is closed until further notice 

Playgrounds 

• We are recommending at this time that playgrounds and child play areas remain closed. 
• Post clear signs that the playground/play area is closed until further notice 

Spa/Jacuzzi  

• We are recommending at this time that spas and jacuzzies should remain closed at this time. 
• Post clear signs that these facilities are closed until further notice 

Restaurants  

• We are recommending at this time that these should remain closed at this time. 
• Post clear signs that these facilities are closed until further notice 

Clubhouse Meeting Rooms  

• Require residents to sign a waiver/ disclaimer before use 
• Post guidelines/rules next to the facility and within the facility 
• Require face masks and gloves to be worn when appropriate 
• Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
• Consider a signup sheet with time slots to avoid gatherings and disappointments  
• Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
• Require proper social distancing of 6’ at all times 
• No gatherings of over ten individuals at this time per State requirements 
• Consider having an Association attendant at all times that the facilities are open to ensure the rules are being followed and facilities are properly cleaned after each use. 

Dock  

• Require residents to sign a waiver/ disclaimer prior to use 
• Post guidelines/rules next to the dock and along the dock 
• Require residents to wear face masks 
• Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
• Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
• Require proper social distancing of 6’ at all times 

Your primary objective as managers and board members is to ensure the wellbeing of the residents of your Association. Our objective is dual-focused, the safety of the residents, and also the protection against liability of the Association. Please apply best practices and proper risk management. Speak with your attorney and get an action plan together prior to opening up your amenities to your residents. It will be in the best interest of you and the residents of your Association. 

We hope you all stay safe and healthy.