Federal Lawsuit filed against South Florida Condo Association for policy denying entry to healthcare aide over coronavirus fears

A Federal lawsuit has been filed against the Winston Towns Condo Association for housing discrimination, based on disability, alleging a violation of the Fair Housing Act. The complainant, who relies on a home healthcare aide, alleges that the complex’s new policy banning visitors at her condo prevents her aide from providing the care she desperately needs.

 

Eva Markman, a resident at Winston Towers in Sunny Isles Beach, is now alone with no access to her caregiver of four years. The 73-year-old complainant suffers from Rheumatoid arthritis, which affects her legs, arms, hands and bones. Her aide helps her with daily activities.

 

In response to the pandemic, it is alleged in the complaint that the condo association sent out a letter that reads, “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.”

 

In the complaint it is alleged that when her family explained that the visitor was a home healthcare aide, the condo board ignored them and still would not allow her inside.

 

The Markmans are represented by attorneys Matthew Dietz and Sean Rowley, who filed the lawsuit after the condo association would not back down.

 

“Nothing much surprises me when it comes to condo associations. They went overboard in this circumstance,” said Dietz.

 

“[The condo association] never engaged with me at all as to how this could be resolved, just completely ignored the communication,” said Rowley.

 

Dietz and Rowley said they do not understand the condo association’s actions, especially when taking into consideration the importance of keeping disabled people out of places like nursing homes if possible, where the virus can spread very quickly.