Florida Condominium Association Emergency Powers Explained

– In Florida, condominium living is popular, especially near the water.
– Hurricanes have influenced building codes in the state and can cause severe damage to buildings and regions.
– Chapter 718 of the Florida Condominium Act provides emergency powers for condominium associations in response to damage caused by a declared state of emergency.
– These powers include conducting meetings, canceling and rescheduling association meetings, naming assistant officers, relocating the association’s principal office, and entering into agreements with local counties and municipalities for debris removal. – A disaster plan should be implemented before or immediately following a state of emergency, which may include shutting down elevators, electricity, water, sewer, security systems, or air conditioners.
– The board, based on advice of emergency management officials or licensed professionals, can determine portions of the condominium property unavailable for entry or occupancy to protect the health, safety, or welfare of individuals.
– The board can require the evacuation of the condominium property in the event of a mandatory evacuation order, and the association will be immune from liability for any refusal to evacuate.
– The board, based on advice of emergency management officials or licensed professionals, can determine whether the condominium property can be safely inhabited or occupied.
– The board can take action to mitigate further damage, including removing debris and preventing the spread of fungus, even if the unit owner is obligated to insure or replace those fixtures. – The board of a condominium association has the authority to contract for necessary items or services to prevent further damage to the property, which the unit owners are responsible for reimbursing.
– The association has the power to levy special assessments without a vote of the owners, even if not specified in the governing documents.
– The association can borrow money and pledge assets as collateral to fund emergency repairs without approval from unit owners.
– These emergency powers are limited to protecting the health, safety, and welfare of the association and the unit owners, and are necessary to mitigate further damage and make emergency repairs.

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