What Is A Condo Association’s Duty To Federal Authorities?
A condominium board has certain duties toward the unit owners that make up the association, but they also have duties and responsibilities to outside forces. Federal authorities are empowered by U.S. law, and often by the actions of the executive branch of the government, and in general, when there is potential for a confrontation between association leaders and federal agents like those claiming to be from Immigration & Customs Enforcement (ICE), certain procedures must be followed.
Balance Is Pivotal
The Supremacy Clause of the U.S. Constitution firmly puts federal law above state and local measures, meaning that as much as it may be tempting to ignore directives that conflict with state law (or association rules), federal law must be followed, at the risk of serious consequences. Still, a balance must be struck between refusals that may place people in danger and complying so much that people’s rights are violated.
For good or ill, ICE sees community associations like homeowners’ associations (HOAs), cooperatives and condo associations as ‘hunting grounds’ because they are common places where people do not always disclose their immigration statuses. If immigration agents appear on your premises, it is crucial that you strike the right chord of complying with lawful orders but not volunteering information that should remain private.
Remain Calm
One of the most important questions to ask an alleged ICE agent, after verifying their identity, is to see their warrant. There are two types of warrants federal authorities may possess. A judicial warrant is signed by a judge or magistrate, and specifies the place and time to be searched, as well as articulating the items sought, while an administrative warrant is a document exclusive to ICE agents, granting authority to arrest a person suspected of immigration violations, but not authorizing a search of any premises where a reasonable expectation of privacy exists.
No matter what, it is always a good idea to remain calm, as ICE agents are not hesitant to arrest anyone they believe is impeding their work, regardless of their immigration status. Staying calm, gathering as much evidence as possible, and if necessary, contact your association’s attorney to handle any potential escalation. You have the right to be informed and to protect the association and its members.
Contact A Tampa Community Association Attorney
In this time of constant upheaval, it can seem very difficult to strike the balance between complying with the law and protecting your association’s rights. A Tampa community association attorney from the Seward Law Office can speak for you and make sure that you are positioned on firm legal footing. Call our office today to schedule a consultation.
Source:
nilc.org/wp-content/uploads/2025/01/2025-Subpoenas-Warrants_.pdf
