Will Covid Vaccines be Required to Use Development Amenities?
According to FloridaRealtors.org, some homeowner’s associations (HOAs) in the Sunshine State are discussing whether to disallow unvaccinated residents and their visitors from partaking of the community’s amenities. In the near term, it is possible that proof of a Covid vaccination ill be required to enjoy many or all the common area amenities, including the clubhouse, pool, fitness room, etc.
But Florida Realtors.org, the state's largest trade association, thinks this is not a good idea. The association believes that when buyers purchase a private home or condo unit in a homeowner’s association, they are contractually granted full rights to use all common amenities. The same rights are stipulated for the homeowner’s guests. In essence these policies under consideration would be a breach of contract since no such vaccination amendment existed in the contract or the HOA’s rules when the home was bought.
Permitting only some residents (those who are vaccinated ) to use the common area amenities would create two classes of citizens in the community. In the past, some Florida courts have found such practices to be prohibited.
Secondly, showing proof of a vaccination could be considered a required disclosure of medical records for an individual. According to Florida statutes, this requirement would seem to be illegal. Further, if the HOA is in possession of a person’s medical records, and the info leaks out to the community, the HOA would be in danger of a lawsuit. Finally, certain religions are opposed to the use of vaccines. While that view might seem strange to many people, the courts have consistently upheld the right of a person to follow the guidelines of their religion, even if the society at large disagrees.
Another problem with requiring vaccines in HOA communities is that the governor of Florida signed an order prohibiting businesses from requiring vaccine passports. HOAs are not for profit corporations, but they are still classified as a corporation. So, it may very well be argued that HOAs are, in essence, businesses.
Needless to say, litigation is very costly. Many believe that lawsuits against HOAs, could result in an increase in HOA fees for homeowners.
Since the chances of vaccinated persons contracting Covid are very slim, there is a probability that HOAs will avoid vaccine requirements, when the downsides are so numerous. Also, mask requirements and social distancing in community amenities have been in place for some time in many of these communities.
In all probability, most HOAs will avoid the vaccine mandates.