Addressing Homeowners’ Association Residents’ Concerns Surrounding Use of Facilities & HOA Fees
Addressing Homeowners’ Association Residents’ Concerns Surrounding Use of Facilities & HOA Fees Jul 30, 2020 During the coronavirus pandemic, a number of homeowners’ associations (HOAs) have faced questions from residents concerning the issue of having to pay homeowners’ association fees while a number of facilities – such as the pools – have had to close due to the dangers associated with the virus. While some associations may have waived certain HOA fees and/or may be working with residents who cannot cover their fees, there are a number of reasons why HOA fees still have to be paid even during the pandemic. Not only are these fees part of the conditions, covenants, and restrictions that are signed into when one purchases into an association, but they go into a separate budget used for maintenance and improvements For example, they are paid, in part, to insurance companies, plumbers, power companies, and other vendors. In addition, even if the pools are not used, they still have to be treated, and common areas, such as elevators and lobbies, have to be cleaned. The pandemic has also led some associations to need additional supplies, such as sanitizer and masks, as well as contract for extra cleaning services in common areas. It is also important to remember that associations have to keep in mind how any delinquency rates could affect lenders and thus any potential homebuyers’ decisions to purchase in the area, as this affects the current homeowners in the association. Reopening Pools In May, the Community Associations Institute released pool guidelines for associations to follow in an attempt to balance residents’ needs with government requirements, as well as address questions from HOA board members and managers. In sum: Associations should follow the most restrictive state and local orders – as well as CDC social distancing guidelines – in deciding whether or not to reopen a pool. Thus, for example, while Palm Beach County opened community swimming pools, Broward County dictated that they remain closed except for essential services, use in housing developments, or single-family residential lots, under limited circumstances A board is within its authority to refuse to open a pool, but if it does, it should first figure out if it is able to follow local health department guidelines and, even if it can, prioritize the health and safety of the residents in ultimately deciding whether to reopen it If an association does reopen the pool, it should ensure that all residents that want to use it are in good standing regarding any payments, that no guests are allowed, that anyone who uses the pool brings their own towels, chairs, equipment, etc., that actions are taken to encourage social distancing (such as physical barriers), masks are worn, a security guard is hired to enforce rules, and any concession stands are closed Contact Our Florida Homeowners’ Association Attorneys Our Tampa homeowners’ association attorneys provide knowledgeable, proactive legal advice and representation to associations who are in need of legal assistance. With more than 40 years of experience, we have dealt with every possible issue that comes up, and are ready to ensure that things go smoothly. Contact us today at HD Law Partners to find out more. Resource: globenewswire.com/news-release/2020/05/15/2034474/0/en/COMMUNITY-ASSOCIATIONS-INSTITUTE-CAI-PUBLISHES-RECOMMENDATIONS-FOR-CONDOMINIUM-AND-HOMEOWNERS-ASSOCIATIONS-TO-SAFELY-OPEN-POOLS.html sfgate.com/realestate/article/If-COVID-19-Closed-Your-Pool-or-Gym-Can-You-Skip-15307680.php broward.org/CoronaVirus/Documents/EmergencyOrder20-08.pdf Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us