By Peter S. Sachs, Esq.
While Florida has had few reported incidents of federal officers visiting homeowners or condominium communities, several homeowner associations and community managers have raised questions about how to respond if Immigration and Customs Enforcement (ICE) officers appear in their communities. Increased public attention has prompted boards to seek clarity on their legal obligations, residents’ rights, and appropriate protocols.
As stated, while most associations have not encountered this situation to date, being informed and prepared will help prevent confusion, protect resident privacy, and reduce legal risk.
While ICE is a federal agency responsible for enforcing immigration laws. Its authority is not unlimited—particularly when it comes to entering private property or accessing association records. Therefore, it is important for associations to understand the distinction between different types of warrants:
1. Judicial warrants are signed by a judge and generally authorize specific actions, such as entry into a defined location or seizure of certain records.
- Administrative warrants are issued internally by federal agencies such as ICE. These do not, on their own, grant authority to enter private areas or compelthird parties—such as HOAs—to disclose information.
Absent a judicial warrant or court order, associations are not legally required to grant access to private spaces or provide resident information.
HOAs have a legal and contractual duty to safeguard member information. This includes names, addresses, vehicle registrations, and other personal data contained in association records. Absent a judicial warrant, subpoena, or other binding legal directive, boards should consult with legal counsel and exercise caution before disclosing any information to outside parties, including federal agencies. Improper disclosure may violate privacy expectations and potentially expose the association to liability.
What to Do if ICE Appears at Your Community
If ICE officers arrive on association-controlled property, the following steps are recommended:
- Verify identity.Request official credentials and badge numbers.
- Ask for documentation. If officers present a warrant or subpoena, request a copy or an opportunity to review same. Do not rely on verbal explanations alone.
- Contact legal counsel.Associations should consult counsel before taking action. An attorney will evaluate the documentation and advise on lawful compliance.
- Review before complying. Judicial warrants should be carefully reviewed to confirm the issuingcourt, scope of authority, and the specific location or records referenced.
- Avoid voluntary disclosure. Unless legally required, associations should not voluntarily provide resident records or grant access to privately owned areas.
Associations always benefit from having a clear internal process in place. Boards may consider designating a single point of contact for law enforcement interactions, training staff and board members on proper procedures, documenting all interactions, and maintaining written policies addressing data privacy and law enforcement requests. This proactive approach ensures consistency and protects both the association and its residents.
Key Takeaways for HOA Boards
- ICE does not have automatic authority to enter private association property.
- Administrative warrants are not the same as judicial warrants.
- Associations have privacy obligations to residents.
- Legal counsel should always be consulted before compliance.
- A written protocol reduces risk and confusion.
HOA and Condo boards as well as property managers are not expected to act as legal experts, but they are responsible for protecting the privacy of their communities and the people who legally reside there. Understanding the distinctions in law enforcement authority, safeguarding private property and resident information, and seeking legal guidance when needed are essential components of responsible association governance.
Peter S. Sachs is a founding partner of Sachs Sax Caplan P.L. in Boca Raton, Florida and has practiced in the community association area for 50 + years. He is board certified in Condominium and Planned Development Law by the Florida Bar. Visit ssclawfirm.com.