Palm Beach County coronavirus updates: Many communities are telling their residents they "reserve" the right to identity an infected person without the person’s consent.

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So what is a gated community to do when it learns one of its own has the coronavirus?

Quickly alert its residents? Almost all do. But is that enough? HOAs are discovering that residents want to know more. They want to know the identity of the person. Just how far can an association go?

Addison Reserve, a west of Delray Beach golf course community, is willing to go further than most communities. Its board just told its residents that it "reserves" the right to identity an infected person without the person’s consent.

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"We hope it does not get to that," General Manager Michael McCarthy said. "So far, those that have the virus have given us consent. It has worked well for Addison Reserve and for those infected. This is the right thing to do."

McCarthy said the policy prevents unfounded rumors and speculation.

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Most gated communities alert their residents when someone tells them that they have the virus. In many cases, it is a requirement. But then the rumors fly, and the pressure mounts on the board to identify the resident. More and more communities then go back and obtain the consent of the individual.

At least a dozen gated communities in the western end of the county from Boca Raton to Lake Worth Beach have residents with the virus.

Last Saturday, Valenica Shores, a west of Lake Worth retirement community of more than 1,000 homes, put out a virus alert. "Due to privacy laws," it said it would not identify the resident. Then the pressure mounted.

"Maybe I interacted with the person," said a Valencia Shores resident who asked not to identified. "Maybe I touched the person’s mailbox or their trashcan. Maybe I do not want to go near the house. I have the right to know."

Within 24 hours, the HOA named her after consent was given.

A similar situation occurred earlier in the month at Hunters Run Golf & Country Club. Initially, the club declined to identify the infected individual but after the spread of "countless rumors and misinformation," the club obtained consent and made an identification.

"These people are real heroes for coming forward," said Michael Soroka, president of the Hunters Run Property Owners association. Soroka said he is opposed to identification without consent. "It could have a chilling effect on whether infected residents will come forward and let us know," he said.

At issue is whether identification violates someone’s privacy rights and whether it could result in a lawsuit.

Boca Raton attorney Joshua Gerstin, who specializes in condominium and HOA law, said that HIPPA may apply to HOAs if they discover a resident has the virus through the county health department although he noted there is no case law on the subject. He said he recommends to his clients that they obtain consent from the infected person to alert the community. Without written approval from the sick member, Gerstin said the association could expose itself to legal liability if it provided the name of the infected person to everyone in the community.

The board of directors of the Palm Beach Leisureville Community Association recently alerted its residents that its vice president had tested positive and is now hospitalized. Because he attended a March 16 meeting, the other eight board members and the association manager are self-isolating. The Post was unable to determine whether the vice president gave consent.

McCarthy said the Addison board wrestled with what was a difficult decision. Eventually, it decided it wanted to make as much information as possible to residents of Addison Reserve.

"There has been an outpouring of support for the policy," he noted. "Instead of rumors and friction gripping the community, people are fully supportive of someone who is fighting the virus. Food and supplies wind up on their front door, and people do all they can to support the individual."

The Addison board took action through a resolution on March 26 that urged members not to have guests, including family members, stay with them. The resolution also says Addison Reserve "reserves the right to disclose the member’s diagnosis to the entire community, preferably with the consent of the affected member."

Phil Spector, a retired Washington D.C. lawyer, is co-chair of the Addison Reserve’s legal committee. He helped write the resolution.

"This clearly is a tradeoff," he said, "between privacy rights and the public health of the community." Spector said "privacy rights" are not absolute. If someone were to refuse to provide consent, the board would then have to decide what to do, he noted.

"This would be on a case-by-case basis," Spector said.

As for the argument that HIPPA (Health Insurance Portability and Accountability Act) bars release of the information, Spector said HIPPA only applies to medical providers. It does not apply to community associations, he said.

Spector noted that the board has a responsibility to ensure that it is as safe as possible to reside at Addison Reserve. "That is all we are trying to do," he said.

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