Florida Homeowners and Condominium Association Powers during a State of Emergency
Florida Homeowners and Condominium Association Powers during a State of Emergency Oct 27, 2016 Anyone who’s lived in Florida knows that we go through a “state of emergency” from time to time, either due to heavy rains, tropical storms, hurricanes, or other natural disasters. When there are events which give rise to property damage, this will inevitably lead to insurance disputes, as upkeep and welfare issues arise with respect to all of the various types of damage these disasters can bring. With the number of condominiums and homeowners associations on the rise in the Sunshine State, inevitably, questions come up concerning whose responsibility it is to ensure that property and people are protected when these disasters occur. In that respect, it can be helpful for association boards to make it clear to residents, beforehand, what their responsibilities are with respect to their authority under the law. The Law in Florida Homeowners and condominium associations are provided with a certain amount of powers and protections under Florida laws. For example, under the Florida Condominium Act, the board of administration—in response to damage caused by an event for which a state of emergency is declared—may partake in activities necessary to protect the health, safety, and welfare of the association and mitigate any further damage, such as conduct board meetings, name assistant officers, enter into agreements with local counties and municipalities and/or contracts for items or services, implement a disaster plan, require evacuation, and engage in other necessary activities to protect the property and its residents. The association also has the irrevocable right of access to each unit during reasonable hours if this is necessary for the maintenance, repair, or replacement of any common elements or any portion of the unit which needs to be maintained by the association in order to prevent damage to the common elements or a unit. Similarly, under state law, homeowners associations may institute, maintain, settle, or appeal actions or hearings on behalf of all members concerning matters of common interest to members, for example, the: common areas; roof or structural components of a building; and/or other improvements for which the association is responsible; mechanical, electrical, or plumbing elements serving an improvement or building for which the association is responsible; representations of the developer (with regard to any existing or proposed commonly used facility); and protesting ad valorem taxes on commonly used facilities. The entity responsible for the operation of common areas may also adopt reasonable rules and regulations pertaining to the use of these areas and any recreational facilities within them. Experienced Florida HOA/Condo/Property Management Lawyers The Tampa & Orlando homeowners’ and condominium association attorneys at HD Law Partners provide knowledgeable, experienced legal representation you can count on, while ensuring that you receive the professional legal services you deserve. Whether it is overseeing the everyday maintenance and contracts for a particular property or group of properties, or working to resolve a dispute and ensure that a homeowners or condo association is protected, we are here to work for you. Contact us today. Resource: leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html Tags: Florida Homeowners Insurance Lawyer, Florida Homeowners Insurance Lawyers, Florida Property Management Lawyer, Florida Property Management Lawyers, HOA, Insurance Disputes, Tampa Condominium Association Attorney, Tampa Condominium Association Attorneys Posted in Homeowners Insurance | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us