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(l-r) David Podein, Jonathan Goldstein, and Deesha Smart of Haber Law. Courtesy photos (l-r) David Podein, Jonathan Goldstein, and Deesha Smart of Haber Law. Courtesy photos

As COVID-19 vaccines become available to the population at large, a question is already dawning on directors and members alike in condominium associations throughout Florida: Can condominium associations require vaccination as a prerequisite for those entering, working, or living on the premises, or for use of amenities? Should they? This is an early issue at the present moment, given the limitations on who can be vaccinated; however, the implications will change once vaccination is widely available.

Fundamentally, unit owners at condominiums have a right to access their condominium units and to use the common elements. While various decisions support an association’s general power to implement policies and rules for the operation and security of the association and safety of its members, they must be permitted by the association’s authority in the declaration and be reasonable. See e.g., Beachwood Villas Condominium, v. Pool, 448 So.2d 1143, 1145 (Fla. 4th DCA 1984). The business judgment rule provides deference to an association’s authorized operational decisions as long as they are reasonable and within the board’s authority as limited by the declaration and Florida Law. Provisions of declarations could impact this uncertain issue, as well as evolving state and local government mandates.

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