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Emergency Powers for Community Associations

As many in Florida are aware, a State of Emergency has been declared by Governor DeSantis pursuant to Executive Order 24-215 on October 6, 2024. This order, amending previous Executive Order 24-214, declares a state of emergency for many counties throughout Florida as a result of Hurricane Milton and continues until December 5, 2024, unless otherwise extended. 

As a result of a state of emergency being declared, emergency powers are statutorily granted to Florida condominium associations, homeowner associations, and cooperative associations. It is important to note that associations are strongly encouraged to contact association counsel with any questions on the use of these powers, which may only be used “in response to damage or injury caused by or anticipated in connection with an emergency” and are “limited to that time reasonably necessary to protect the health, safety, and welfare” of the association and the owners, members, guests, tenants, and invitees. A list of some of those emergency powers is provided below.

Emergency Powers – Board of Directors

  • Conduct board meetings, committee meetings, elections, and membership meetings, in whole or in part, by telephone, real-time video conferencing, or similar real-time electronic or video communication. Notice may be given in any practicable manner, including the internet or electronic transmission.
  • Cancelling and rescheduling association meetings.
  • Enter into agreements with local counties and municipalities to assist with debris removal.
  • CONDOMINIUMS and CO-OPs: Based on the advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine any portion of the condominium property unavailable for entry or occupancy
  • CONDOMINIUMS and Co-OPs: Mitigate further damage or injury, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus or contagion, including mold, by removing and disposing of wet drywall, insulation, carpet, and other portions of the condominium property that may otherwise be the insurance or maintenance obligation of a unit owner.
  • Levy special assessments without a vote of the owners, regardless of any provision to the contrary in governing documents or the absence of any authority in the governing documents.
  • Borrow money and pledge assets without owner approval to fund emergency repairs when operating funds are insufficient.

Statutory Links
Condominiums: Fla. Stat. 718.1265 (2024)
Cooperatives: Fla. Stat. 719.128 (2024)
Homeowners Associations: Fla. Stat. 720.316 (2024)

McCabe & Ronsman clients receive the benefit of the following services at no cost in the event of a hurricane or casualty event:

  • Free review of your property insurance policy for coverage determinations. If you are able to do so, you may send us copies of your policy(ies) now and we will store for future reference.
  • Assistance with contacting contractors, mitigation specialists, and other vendors to assist your community, and coordinating site visits after the storm.
  • Free consultation to determine claims filing options. In many instances our Firm is able to assist on a contingency fee basis where costs and fees are advanced.

Above all else, stay safe. If your community needs any assistance, please do not hesitate to contact us at (904)396-0090 or claims@flcalegal.com