Condo association bans elderly woman’s health aide over coronavirus fears, lawsuit says

Eva Markman is 73 and suffers from rheumatoid arthritis. She can barely use her legs and hands because of the swelling and pain.

So every day, for the past four years, a home-health aide has visited her luxury Sunny Isles Beach condo to help Markman cook, clean, bathe and even get out of bed in the morning.

But because of the coronavirus pandemic, her lawyers allege in a newly filed federal lawsuit, her condo association is refusing to allow her aide into the building. Earlier in April, condo security officers physically barred the aide from entering the building, and management has dismissed the aide as a mere “dog walker,” the suit said.

The federal lawsuit was filed Tuesday by Legal Services of Greater Miami and the Disability Independence Group, who say Markman is being discriminated against because of her physical handicaps. The lawsuit is asking for an emergency injunction allowing the aide entrance into Winston Towers.

“The presence of a home health aide does not pose a direct threat to the health and safety of others,” lawyer Matthew Dietz, of the Disability Independence Group, and Sean Rowley, of Legal Services, wrote in their complaint.

Dietz said federal authorities need to issue better guidance to condo associations for visitors during a pandemic. The alternative, he said, is that disabled people such as Markman would have to live in nursing homes, where there’s a heightened risk of catching COVID-19, the disease caused by the virus.

“Persons with disability and seniors should be allowed to live in the community with the support they need,” Dietz said in an interview Tuesday.

The lawsuit names the Winston Towers condo association, as well as Association Specialty Group, the contracted company that manages the property at 301 174th Street. A lawyer, and a representative for American Specialty did not return a request for comment.

Across South Florida, as the coronavirus began spreading rapidly in mid-March and officials ordered people to shelter at home, condo buildings began closing common areas such as pools, gyms and meeting spaces. On March 30, Miami-Dade Mayor Carlos Gimenez also ordered that condos close those facilities to curb the spread of the virus.

Many condos have also limited guests. At the Winston Towers, on March 23, the association issued a directive to residents that only family members would be allowed in, as well as registered “health providers” who did not appear to be sick.

Markman has lived in the water-view Sunny Isles condo for 12 years, with her dog, Josefina.

When the association blocked Markman’s aide from coming in to the building, her son complained to management. “Regrettably, at this time your visiting dog walker will not be allowed in the building. Once things return to normal, these restrictions will be lifted,” a manager emailed back.

According to the lawsuit, her son, Evan Markman, provided paperwork to the association from the aide and her employer attesting to the woman’s need for daily assistance. The association, the lawsuit said, has blown off the requests to allow the woman inside the building.

“As Ms. Markman did not have assistance with her activities of daily living without assistance, it is extremely difficult for her to complete tasks such as using the bathroom and preparing food on her own, and due to her physical exertion, her arthritis condition worsened leading to an inflammation of her hands and legs,” the lawsuit said.

This story was originally published April 28, 2020 at 5:26 PM.