Page 13 - Boca ViewPointe - April '21

April 2021 Viewpointe, Page 13

Pending Legislation Which Would Limit

Association Liability For COVID-Related Claims

As many of you may know, the 2021 Florida legislative would be required to submit an affidavit, signed by If the court determined that the defendant made such
session recently began, and already several bills have a physician licensed in the State, which attests to the a good faith effort, the defendant would be completely
been filed that relate to community associations. None, physician’s belief, within a reasonable degree of medical immune from civil liability. Further, if more than one set
however, may be more important than House Bill 7, and its certainty, that the plaintiff’s COVID-related damages, of standards or guidance was controlling or available at
corresponding Senate Bill 72, which would act to protect injury or death occurred as a result of the defendant’s the time the cause of action arose, the defendant’s good
associations from liability due to COVID-related claims. actions or omissions. faith effort to substantially comply with any one of such
Under the law, a COVID-related claim would include Presuming the plaintiff was able to do so, the court standards or guidelines would provide complete immunity
any civil liability claim which arises from or is related to then would be required to determine, as a matter of from civil liability.
COVID-19, and includes any claim for damages, injury or law, whether the defendant made a good faith effort to In addition, even if the court determined that the
death. Further, the legislation is applicable to all not-for- substantially comply with the controlling governmental defendant did not make such a good faith effort, the
profit corporations, which would include all community issued health standards or guidelines that were available proposed legislation would still require the plaintiff to
associations and many country clubs. at the time the cause of action arose. Admissible evidence prove gross negligence on the part of the defendant, by
Under the pending legislation, a plaintiff is required to would be limited to demonstrating whether or not the clear and convincing evidence, in order to establish their
plead their claim with particularity. Further, the plaintiff defendant made such a good faith effort. COVID-related claim.
Moreover, under the proposed law, a plaintiff must
commence a civil action for COVID-related claims,
within one (1) year after the cause of action has accrued
or within one (1) year from the effective date of the
pending legislation, if the cause of action accrued before
the pending legislation became into law.
While the proposed legislation deals with the liability
issues, it does not address whether associations have
adequate insurance coverage to cover any such claims or
to provide an insurance company paid for defense in the
event an association is sued for a COVID-related matter.
As such, it will be critical for associations to consult with
legal counsel and insurance professionals in dealing with
COVID related issues.

Sachs Sax Caplan, P.L., Peter S. Sachs 

Losing Your Marbles from page 12

This silly but true story, dear reader, had a “be
careful what you wish for” ending. King George was
deposed. “The King is dead! Long live the King.” I
assumed that throne. That match however effectively
ended the Waldorf Court Marble 500. No one else had
any marbles and for reasons of age or just plain moving
on no one was going to hit the candy store for a new
store of glass globes. I now had five plus gallons of
marbles in a canister I could barely lift.
But lift it I did. Carry it triumphantly across the
HOUSE FOR SALE COSTA DEL SOL street (or as triumphantly as one can look trying not
to get a hernia) I did. Schlep it up the seven steps of
COMMUNITY AT BOCA POINTE the house I managed. I had my treasure but I couldn’t
get it through the front door so I used my knee to
support it from underneath, used my arms to keep it
from tipping left or right (imagine trying to round up
• Most Desirable Lennox Model on Lake Recently renovated a thousand or more marbles each looking to up-end
in every room some poor unsuspecting neighbor trudging home from
• 3 Bedrooms . 2-1/2 Bathrooms . Open Concept . All Stainless work), and poked the doorbell with my nose.

To the rescue came my mother who looked at me,
Appliances looked at my stash, and said, “What the hell do you
• Your own Heated Swimming Pool/Spa (newly think you are going to do with those?”
reconstructed) You know—I didn’t know. I had no answer.
For all I know now they are still in the attic of # 12,
• 30’ high enclosure over patio, overlooking lake sold some 65 years ago, where I deposited them just barely
• All granite countertops in kitchen/bathrooms . Modern soft avoiding an early heart-attack in getting them up there.
close white wood cabinets/drawers with pull-0ut shelves Columnist and author Bill Gralnick was born and
in bathrooms/kitchen (incl. pantry) with under cabinet raised in Brooklyn. His latest book, titled “The War of
lighting the Itchy Balls and Other Tales from Brooklyn,” offers
• All real wood floors throughout house (except bathrooms are all more memories. His writings can be found at https://
www.williamgralnickauthor.com/.
Travertine Marble walls & floors)
• Soaking Air Tub in Masterbath (w/Chromatherapy)
• Leaf Filter installed on all gutters (never clean gutters again)
• Accordian Shutters, Hurricane Proof Garage Door, Front CCCC
Door and Front Transom Impact Glass
• New landscaping front and sides of house
• Entire house painted interior a few months ago. Exterior
painted March 2021
• Country Club not mandatory, but does offer many programs tailored
to your lifestyle and budget

AVAILABLE FURNISHED OR UNFURNISHED Dependable services
under a watchful eye
AS OF LATE APRIL/MAY 2021
Cell: 561-289-0757
CALL 561-289-3689 (Ask for Marshall) Email: mayzell@aol.com
www.gerrymayzell.com