Should a condominium association be able to prevent a home healthcare worker from entering a condominium to provide care for her client during the COVID-19 crisis? That is the issue of a newly filed lawsuit in Miami-Dade County.
A Sunny Isles woman has sued her condominium association at the Winston Towers, alleging that she relies on a home healthcare aide who cannot visit her due to a new policy banning visitors at her condo. The plaintiff, 73 year-old Eva Markman, claims that she is now alone with no access to her caregiver of four years. She is disabled and says that, “I am very upset. My blood pressure has come up, and I feel very, very bad. My hands are very swollen.” She claims that she needs her aide to help her get dressed, cook, bathe and use the restroom.
However, because of COVID-19, the condominium association has the building on lockdown, and people who do not live there are not allowed inside. In response to the pandemic, the condo association sent out a letter to its homeowners that states, “No guests, including immediate family members, are allowed in the building. Only registered residents are allowed. Health providers that are registered with the association office will be allowed access.” Markman states that the condominium board did not care that she needed a healthcare aid to assist her.
She even called the police to allow her aide in, but the police advised that this was a civil matter and they could not assist.
It will be interesting to see how the court deals with this sensitive issue and whether the condominium association will proactively allow Ms. Markman to have access to her essential healthcare worker as it seems it should.
Cotzen Law can assist you if you have any issues with your condominium or homeowners association. Please contact us for assistance.
You can see the WSVN story on this matter here: