DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers

On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”).

This Emergency Order suspends one of the precon­ditions on an association’s use of statutory emer­gency powers upon a “response to damage caused by an event,” which qualifying language is contained in Sections 718.1265(1), 719.128(1) and 720.316(1), Florida Statutes, of the Condominium Act, Coop­erative Act, and Homeowners’ Association Act, respectively. This qualifying language raised some concern among Florida communities of the appli­cability of the association’s emergency powers in response to damages caused by infectious diseases in lieu of damages more commonly associated with hurricanes, floods, or other natural disasters. The Emergency Order affirmatively authorizes the use of an association’s emergency powers under Sections 718.1265(1)(a)-(j), 719.128(1)(a)-(j) and 720.316(1)(a)-(h), Florida Statutes, to protect the health, safety, and welfare of the association, owners, family members, tenants, guests, agents, or invitees. Section 718.1265(1)(a)-(j), and the substantially similar language in Chapters 719 and 720, provides the association with the following emergency powers: Continue reading

DBPR Emergency Order 2020-04 Suspending Damage Requirement For Homeowners’ Association Emergency Powers

On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergen­cy Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”).

This Emergency Order suspends one of the precon­ditions on an association’s use of statutory emergen­cy powers upon a “response to damage caused by an event,” which qualifying language is contained in Sections 720.316(1), 718.1265(1) and 719.128(1), Florida Statutes, of the Homeowners’ Association Act, Con­dominium Act and Cooperative Act, respectively. This qualifying language raised some concern among Florida communities of the applicability of the asso­ciation’s emergency powers in response to damages caused by infectious diseases in lieu of damages more commonly associated with hurricanes, floods, or other natural disasters. The Emergency Order affirmative­ly authorizes the use of an association’s emergency powers under Sections 720.316(1)(a)-(h), 718.1265(1)(a)-(j) and 719.128(1)(a)-(j), Florida Statutes, to protect the health, safety, and welfare of the association, owners, family members, tenants, guests, agents, or invitees. Section 720.316(1)(a)-(h), and the substantially similar language in Chapters 718 and 719, provides the asso­ciation with the following emergency powers: Continue reading