In 2020 when Covid was roaring, I had lots of questions thrown at me regarding what Boards can and cannot do when it came to mandating masks and/or keeping people out of the condominium property or HOA clubhouse. Newly enacted Florida Statute 381.00316 has just answered some of the questions we only guessed at before.

Section 381.00316(3)(a) states:

A business entity may not require any person to provide any documentation certifying vaccination with any vaccine defined under subsection (2) or postinfection recovery from COVID-19, or require a COVID-19 test, to gain access to, entry upon, or service from the business operations in this state or as a condition of contracting, hiring, promotion, or continued employment with the business entity.

Section 381.00316 (5)(a): states:

A business entity or governmental entity may not require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose. A business entity or governmental entity may not deny any person access to, entry upon, service from, or admission to such entity or otherwise discriminate against a person based on such person’s refusal to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose.

So the question is……………is a condominium association or homeowner association a “business entity?”

Florida Statute 381.00316(2)(a) states:

As used in this section, the term: “Business entity” has the same meaning as in s. 606.03. The term also includes a ………..corporation not for profit as defined in s. 617.01401…..

Florida Statute 617.01401 states:

(5) “Corporation not for profit” means a corporation no part of the income or profit of which is distributable to its members, directors, or officers, except as otherwise provided under this chapter.

After all that leg work……..we arrive at the conclusion that the above statute applies to all condominium and homeowner associations because they are also not for profit corporations. I pray that we never have to even look at these statutes ever again and that COVID is gone for the most part, but if it shows its ugly head again, now you know what you cannot do.