Many will note that while Florida begins to open up again, south Florida is still a little behind. Every day we hear from owners and residents at associations who have not yet opened their pools and other amenities. Why are they not yet open as the state and county are no longer requiring them to be closed? The answer is simple; your board of directors is charged with doing what is best for the association and in many cases, reopening requires additional expenditures and creates additional liability for the association.

When and how to open these facilities is strictly a board decision, and many boards want to make sure that they don’t put anyone at risk, spend funds they don’t have, or create additional liability for the associations and its owners. Boards are waiting for additional guidance, speaking with their legal counsel and doing everything they can to do what is right for their association.

Your board members take their responsibilities seriously and allowing a facility to open before conditions are right could cost everyone.  This national pandemic emergency has been different than anything we have experienced in the past and in most cases, there are no easy answers. Opening, even a day too early, could create a liability for the association. If even one person should suffer as a result, just so a few can have access to a swimming pool, gym, or other amenity it could result in a liability that would be passed on to all owners in the form of a special assessment to settle a legal claim.