“Understanding Emergency Powers for Florida Community Associations” – News-Press

Q: As hurricane season is about to start, can you give an overview of the emergency powers that are granted to community associations under Florida law? (B.S., via e-mail)

A: In Florida, community associations, including condominium associations, homeowners’ associations, and cooperatives, are granted specific emergency powers by the various statutes to address conditions for which a state of emergency has been declared.

Section 718.1265 of the Condominium Act grants condominium association board of directors thirteen (13) specific emergency powers that may be exercised to respond to declared emergencies. Generally, the emergency powers discussed in the statute grant the association’s board of directors the authority to:

• conduct board meetings, committee meetings, membership meetings and elections in whole, or in part, by telephone, video conferencing, or other remote means, as practicable and to give notice of such meetings in any practical manner, including but not limited to, newspaper publication, mail, e-mail, the association’s website, posting on the association property, or any other means the board deems reasonable under the circumstances;
• cancel or reschedule any association meetings;
• name assistant officers who are not directors in order to assist with the operations of the association;
• relocate the association’s principal office or designated alternate office;
• coordinate with local authorities for debris removal;
• implement a disaster or emergency plan before, during or after the event;
• determine if a portion of the property is unavailable for entry or occupancy based on the advice of appropriate officials or other licensed professionals;
• require the evacuation of the property in the event of an evacuation order for the location in which the property is located, take action to mitigate further damage to the property, including debris removal.

Additionally, the statute allows for the association to levy special assessments and borrow money in order to respond to the damage caused to the property following a state of emergency, and do so without owner approval, even if otherwise required by the governing documents.

Section 719.128 of the Cooperative Act also grants cooperative association boards of directors thirteen (13) emergency powers substantially similar to condominium associations but adapted for cooperative property.

Section 720.316 of the Florida Homeowners Association Act provides homeowners’ associations boards of directors with eleven (11) emergency powers that are broadly similar to the authority granted to condominium and cooperative associations, but are tailored to the homeowners’ association context.

The emergency powers described above apply only as reasonably necessary to respond to the conditions caused by the state of emergency declared by the Governor and only to the extent not specifically prohibited by the association’s recorded governing documents. The powers are temporary and must be exercised only for the time and to the extent reasonably necessary.

The statutes provide that emergency powers may be exercised unless specifically prohibited by the association’s recorded governing documents. This means that associations may, through their declarations or bylaws, limit or prohibit the exercise of certain emergency powers, though such prohibitions should be expressly stated.

Further, associations may not prohibit access to parcels, units, or common elements when access is necessary for the sale, lease, or transfer of title, or for habitability, health, or safety, unless a governmental order prohibits such access. Any access remains subject to reasonable restrictions for security or safety. However, the condominium and cooperative statutes grant associations immunity from liability for injury to persons or property arising from a unit owner’s failure or refusal to evacuate when the board has required evacuation.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.