Guests during pandemic

Can an HOA limit visitors inside my home above and beyond state and federal requirements during covid 19.

Bear in mind all common areas deliveries etc have remained open. But I’m told no renting no visitors contractors etc till they review in June. I’m under contract for a rental beginning May 15.

Thanks

Unless your HOA has veto authority over who may rent or buy in your community, I doubt that it has any say. It's up to the police to enforce any state orders regarding shelter-in-place or quarantining. The only thing an HOA can legitimately restrict is the common areas: they can close the pool or clubhouse, for instance.

I'd be more concerned over whether pandemic restrictions may be grounds for terminating a rental agreement without penalty. I've seen the question posed but haven't seen any answers yet. But that should not involve the HOA at all unless they are a party to rental agreements (which would be spelled out in your CC&Rs).

I agree with Cathy and LetA. It was something a few people wanted to do in my HOA a couple of weeks ago and we decided we couldn't do it. Homeowners had friends and relatives coming to visit and use our pool, which has remained open. We wondered if we could open the pool to ONLY homeowners and tenants while excluding guests and visitors. One owner's daughter came to visit from NYC at the beginning of April. More than a few homeowners were up in arms. If we had an armed border checkpoint at our front gate it would have been manned for several weeks already.

We decided the only way to keep guests and visitors out of the pool was to shut it down for everybody, owners included. And that's for a common ammenity. I seriously doubt an HOA could legally restrict who homeowners may invite into their homes. Restricting that could very well be in violation of one or more laws.

Thanks for everyone’s input.

I agree with Geno.

Agreed this is for couple from this same town while they transition between homes.

I live in the safety of a state far from any Coronavirus epicenter and with a governor who I feel has been brilliant. From this safe location and in great leisure, I think these are interesting times. I can understand communities and even states who do not want New Yorkers. To say the least, GenoS's real-life example (of hostility to New Yorkers) is notable. Watching the footage of the refrigerated trailers parked next to NYC hospitals collecting bodies, and reading about NYC health workers often being laid up with the terrible, long-lasting pain of Coronavirus and often dying, is striking. Who wants this in one's local hospital or in one's home state? Who wants people who may be infected, yet show no outward signs, walking on the grounds of one's condo, with its inevitable close quarters? Who wants to deal with what will be the necessary expense of professional disinfecting of one's condo's interior or the condo's grounds?

To address the legalities: If the covenants do not permit restrictions of the type KevinA3's board has applied, would the board be vindicated in a court battle? (I know: During this pandemic, the last thing the courts need is another lawsuit. I suppose judges who have ordered telephonic and similar remote attendance at hearings are pre-empting Shakespeare's "Kill all the lawyers." Damn it.)

GenoS wisely observes: Here's what the Florida Condo Act says, under "718.1265 Association emergency powers."

=== Start Excerpt from Florida Condo Act ===
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
=== End Excerpt ==

I think (g) above might be enough to legally empower KevinA3's Board to prohibit rentals. Until the issue lands in court, I think it's hard to say. But from where I am sitting, this is a raging, highly contagious, virulent disease laying people on their backs, in pain, for weeks and often killing them. Because this is about safety, and because the threat is real, I am inclined to support KevinA3's board on this one.

I vaguely remember that after Cathy's Fearless Prediction #13 that we would see covid-19-related HOA lawsuits, some folks insisted that there would be NO such lawsuits... [grin]

Whether there will be time and resources for such lawsuits is open to debate, and Cathy has no Fearless Predictions about that.

I think it's an HOA. Nevertheless, the HOA statute's preamble to the "Emergency Powers" section says,

"720.316 Association Emergency Powers -
(1) To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 617.0830, the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the area encompassed by the association, may exercise the following powers:"

The condo and HOA statutes are almost identical there.

On March 27 the DBPR issued "Emergency Order 2020-04" which says the HOA, Co-op, and HOA statutory language that limits the exercise of emergency powers conditioned upon a "response to damage caused by an event" is suspended and the emergency powers "are hereby available" to help protect the health, safety, etc.

Sections 6, 7, and 8 or the order suspend the deadlines for the annual financial reports that must be prepared every year for Condo, Co-Op, and Timeshare Associations. The curious part is the deadline for HOAs is NOT suspended. These annual financial reports do not have to be filed with the state, but rather must be made available to all of the owners in an associaion. They are typically required to be completed by the end of April every year ("no later than the 120th day of the year"). If I was a condo unit owner, I don't think I'd like that provision too much.

You may be able to negotiate an agreement with the board to allow the rental if the renters agree to not move in furniture, not use any common element facilities, and quarantine for the first 14 days.

KevinA3, thank you for explaining. Take care.