Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?
Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until travel restrictions are lifted for their destination country (citing Section 718.1265)?
A:
Florida Statute 718.1265 provides in pertinent part:
"Association emergency powers.—
(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:
...
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
…"
I believe by "condominium property", it means property owned in common, not the individual condominium units. See Florida Statute 718.103 Definitions … (13) - Condominium Ownership. So no.
1 user found this answer helpful
A:
It is legal for condo association to enforce their By-laws and Rules & Regs unless inconsistent with Fla. or Fed. law or local ordinances. "Law" includes executive orders by the Governor or President. Off the top of my head, I'm not aware of any law/order that would give you, the owner, any relief, but your guests are currently protected by the Governor's order prohibiting evictions, which is now extended until 6/2/20 - see:
https://www.wftv.com/news/florida/gov-desantis-extend-order-preventing-foreclosures-evictions/YRO2BFRG2BAKRM7QZNMCLFU43E/
HOWEVER, just because the association may not evict your guests for the time being does not mean you are off the hook regarding By-law or Rule violations. If you allowing guests to stay for that length of time happens to be a violation, you can be fined (up to $100/day, up to $1,000 total) IF the association follows legal procedures for accusing you of the violation and fining you, which includes having a committee of NON-board members giving you the opportunity to defend yourself and/or humbly beg for leniency.
By the way, there is no Section 718.126 in the Fla. Statutes. Perhaps you meant a different number.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
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