Miami condo associations try to limit visitor access. But what can they enforce?
Some condo associations in South Florida are encouraging residents to refrain from hosting visitors while others are cutting all visitor access.
But how much power a condo association has may vary.
Most condo associations in the Miami area are taking one of two approaches: asking residents not to have guests — or telling them not have them.
“All of this is so many ifs and gray areas, that this has to be a constant discussion between the association and residents,” said Alessandra Stivelman, a partner at the Hollywood-based law firm Eisinger Law. “Associations need to put themselves in the shoes of their residents.”
.jpg)
The Brickell Alliance, made up of 15 condominiums, is seeing several restrictions, said Cynthia McFarlane, the vice president of the organization and owner of the Brickell-based condo repair service Honey Man. There are restrictions on contractors, nannies and housekeepers.
“The job has to be deemed essential,” McFarlane said. “Otherwise the contractor isn’t getting past the front desk or security.”
A plumbing issue is deemed essential for unit access, but other jobs considered a preventive measure, including lubricating storm shutters, sliding doors or air conditioning are not.
“People by and large understand that this is to keep residents safe but there are a few complaints,” McFarlane said.
Most complaints are about access for nannies and housekeepers.
“Nannies are in the gray area,” she said. “Associations are worried that these are people going in and out of the building, but most are handling these issues on a case-by-case basis.”
There is no rule book filled with ‘yes’ and ‘no’ answers for what a condo can do, Stivelman said. She often receives the same questions from her clients and from the hotline her firm established in March regarding granting access.
She said, “I ask all associations: ‘Why are you doing that? Can you support that if it gets challenged?’”
Regardless of whatever action a condo association takes, Stivelman said, each one must update condo owners of board meetings, host meetings — “even if it’s by Zoom,” Stivelman said — and issue updates for all residents on changes.
