Did you know that the Florida legislature created Section 720.316, F.S. granting Homeowners’ Associations express emergency powers of homeowners’ associations, effective July 1, 2014? To the extent allowed by law, unless specifically prohibited by the governing documents, and consistent with corporate law, the board, in response to damage caused by an event for which a state of emergency is declared, may exercise (among other powers) the following powers:
- Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible.
- Designate assistant officers who are not directors.
- Relocate the association’s principal office.
- Enter into agreements to assist counties and municipalities with debris removal.
- Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the association property can be safely inhabited or occupied.
- Levy special assessments without a vote of the owners.
- Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs.
Note that it is not clear whether document provisions to the contrary override any or all of the provisions above.
The authority granted above is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the parcel owners and to mitigate further damage and make emergency repairs.
While we make every attempt to ensure that the information contained herein is accurate and complete, the Levine Law Group is not responsible for any omissions, or for the results obtained from the use of this information. Please contact us should you have questions on the applicability of this article to your association.
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This information is for informational purposes only and should not be construed as legal advice.
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