Proactive Boards Should Contact Legal Counsel for Questions Concerning COVID-19 Notices and Protocols

By Siegfried Rivera

There are now over 300 confirmed COVID-19 cases in Florida. Businesses and residential communities throughout the nation are doing everything necessary to avoid having this virus come knocking on their proverbial doors. But with the staggering increase in cases, it might be just a matter of time before a resident or staff member tests positive for coronavirus in your community. So what should you do if this happens in your building? We are recommending that communities adopt proactive protocols and call their attorney to discuss notices and implementation.

With that understanding in mind, below are some recommendations for boards to adopt should they become aware of a resident in their community that tests positive for COVID-19:

• Ensure that the infected resident is self-quarantining and receiving medical care.
• Inform membership that a resident in the community has tested positive for coronavirus without identifying the resident.
• Emphasize the practice of social distancing and take additional precautionary measures to ensure sanitation of all common areas.

These times present unique circumstances for all of us, with changes to protocols and guidelines happening daily. Because of this, we do not believe that there is a “one size fits all” kind of answer. There are not only too many factors to take into consideration, but matters pertaining to COVID-19 should be handled efficiently and delicately as any mistake can have a drastic effect on the community. Keeping the ever-changing situations and legal applications in mind, associations that have questions regarding best practices concerning the coronavirus or positive cases should contact their legal counsel to discuss the current state of matters as well as specifics pertinent to their association.