Now that COVID-19 vaccines are readily available to everyone, questions arise as to whether proof of COVID-19 vaccines should be required to participate in certain activities. One particular issue in question is residential community amenities such as playgrounds, swimming pools, gyms, and recreational facilities. Some HOA boards are suggesting a policy that will allow only vaccinated people to use community amenities. The policy would apply to both residents and their guests. When you get ready to move, this is an important consideration to make. According to Florida Realtors, here’s what you need to know about this potential new policy.
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Breach of Resident Rights
When residents purchase or lease a home within a community with amenities, they are granted an easement and the right to use these facilities along with their guests. Many argue that requiring COVID-19 vaccines is a breach of resident rights. While many are receiving the vaccine, some must still wait per health care provider recommendations. For example, there is currently no data available for those who have an autoimmune disease and receive the COVID-19 vaccine.
Violation of HIPPA
Vaccination records are considered medical records. Requiring residents to show proof of vaccination may be seen as a violation of HIPPA laws. This can make the association vulnerable to a lawsuit.
Discrimination
Some people choose not to receive vaccinations, including COVID-19, for religious reasons or because they do not believe in vaccinations at all. Requiring proof of immunization to use community amenities may be seen as discrimination. In fact, Florida’s governor enacted a law making it illegal for businesses to require vaccination passports.
Creating a Safe Environment
HOAs strive to create the safest environment for residents by taking all precautions possible. Policies are in place that requires those who have tested positive or are experiencing symptoms to refrain from using community amenities and quarantine per the CDC’s recommendations. It is essential to recognize that those who are vaccinated have only a slight risk of contracting the virus. On the other hand, those that choose not to vaccinate understand the risks they face.
Food for Thought
Only time will tell whether residential HOAs implement policies requiring vaccinations to use community amenities. For now, everyone must do their part to keep themselves and everyone around them healthy.
If you’re looking to make a move, now is a perfect time to do so! The Gitta Sells team will walk you through every step of the buying and selling process. Feel free to reach out with any questions you may have at 407-330-2181 or gittasells@gitta.com.
