Page 22 - Boca ViewPointe - June '21

Page 22, Viewpointe June 2021

New Executive Orders

Suspend Local Emergency Orders On COVID-19

On Monday, May 3rd, Governor DeSantis issued government-issued health standards or guidance. Although remedies, such as fines, suspensions and, when necessary,
Executive Orders 21-101 & 21-102 immediately suspending the County’s COVID orders were suspended, the CDC’s injunctive relief in court.
and, as of July 1st, invalidating all local remaining COVID- COVID guidelines and protocols remain in effect. As such, Also, for those communities seeking to adopt rules that
related emergency orders, statewide. Importantly, the we believe the reopening of amenities and/or lifting of limit or otherwise restrict access to amenities in light of
Governor did not cancel or end the State of Emergency, other COVID-related restrictions should, as appropriate and the pandemic, keep in mind that such rules will need to
which as of this writing is scheduled to continue through June practical, still take into consideration the CDC’s guidelines be reasonable. The governing documents will presumably
26, 2021. However, the latest order extending the State of in order to help minimize potential COVID-related claims. establish that one of the association’s purposes is to
Emergency provides that Florida should prepare to resume For example, for amenities that are reopened, we recommend provide for the health, safety, and welfare of the members,
non-emergency operations as of June 27th. reducing seating and capacity limits; maintaining distance residents, and guests, so there is a presumed basis for such
As a result, we are seeing a split in reaction to these latest between tables; and limiting group sizes. rulemaking. However, the documents likely also establish
events. On the one hand, some communities are eager to fully For those communities that believe it is necessary to certain easement rights afforded to members and their
reopen and return to pre-COVID operations. On the other keep amenities closed or with limited hours of operation, guests, tenants, and invitees for the use and enjoyment of
hand, some communities are concerned that they should we believe both homeowners and condominium associations the common areas. Thus, the rules will need to be tailored
maintain restrictions on the use of common elements, areas, may continue to do so, as the statutory emergency powers appropriately to balance the competing interests in attempting
and amenities, as the COVID pandemic has not ended. With remain in effect, and, we believe, will continue for a to protect the residents and guests while still providing a
this column, we aim to provide some general guidance in reasonable time following the end of the State of Emergency. reasonable level of access.
how to address each side’s concerns. If a community believes it is reasonable and necessary Regardless of which side an association finds itself in
For those communities comfortable with reopening, we to continue requiring face masks and social distancing in reaction to this continually evolving situation, we believe
recommend a measured approach, taking into consideration common areas, we recommend the community adopt rules all communities should prepare accordingly and speak with
the CDCs’ ongoing guidelines and protocols. Recently expressly requiring the same. Although an association’s their legal counsel for advice regarding the unique needs of
enacted Section 768.38, Florida Statutes, provides corporate governing documents presumably already prohibit nuisances, each community association.
immunity against COVID-related claims where there we believe specificity for face masks and/or social distancing
has been a good faith effort to substantially comply with requirements would bolster an association’s enforcement Sachs Sax Caplan, P.L., Peter S. Sachs 

Adventure Awaits!

By Lisa Sileo
Edgewater at Boca Pointe

Residents Say Trips More

Meaningful, Special

Residents of Edgewater at Boca Pointe are happily out and
about, doing what they love most -- sightseeing, exploring
nature and embracing life without worry.
“They are thrilled to go on trips together again, listening
to music, enjoying nature and art,” said Alissa Zemering, Life
Engagement Coordinator at Edgewater at Boca Pointe who
organizes a calendar filled with activities and special events “People passing by picked out a poem
for residents of the premiere continuing care retirement and took it with them to enjoy. This
community. “A resident told me on an outing, ‘This is the created an intergenerational interaction
best experience I had in the last two years…’ and that was which has long been missing due to the
pre-COVID. It’s been amazing and so much fun!” pandemic,” said Zemering.
Recent trips include the Society of the Four Arts Sculpture To learn more about the activities at
Garden and Mounts Botanical Gardens in West Palm Beach Edgewater at Boca Pointe or the community
and Wynwood in Miami, and residents feel safe, armed in general, call (561) 465-7011. 
with the vaccinations they conveniently received from the
community at the beginning of the year.
“It’s almost as if our senses are heightened and we can Want Results Now?
truly appreciate everything – especially art and nature -
we find tremendous enjoyment in the camaraderie among
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