Associations have emergency authority to deal with the aftermath of this storm.
Section 718.1265 Florida Statutes grants condominium association emergency powers, and Section 720.316 grants similar authority to homeowner associations. The special authority becomes effective upon the declaration of a state of emergency by Florida’s Governor. To exercise these powers, the property governed by the association must be located within a county which is subject to the declaration of emergency, and the association governing documents must not specifically prohibit the use of emergency authority.
Governor Ron DeSantis issued Executive Order 19-189, declaring a state of emergency for counties in the path of Hurricane Dorian. The specific counties affected by this order are: Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades,Hendry, Highlands, Indian River, Lake, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Union.
The applicable statutes include the following powers:
The special authority is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the parcel owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.
Ansbacher Law is available to help.