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

Coronavirus: What Condominium Associations Need to Know

With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of coronavirus and comply with recommendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your association’s board, you may be asking:

  1. What are the association’s emergency powers?
  2. Can the association reschedule or cancel board and membership meetings or prohibit members from attending meetings in person?
  3. Can the association close the recreational facilities and amenities?
  4. Should the association forgive payment of assessments for owners facing hardship due to the coronavirus or stop its collection efforts?
  5. Should the association stop sending violation let­ters or imposing fines?

The answers to some of these questions will de­pend on the language in your community’s governing documents and you may need to consult with the Association’s counsel regarding your unique legal situation. Notwithstanding, this article is intended to give general guidance and a place to start when looking for answers to coronavirus questions. Continue reading “Coronavirus: What Condominium Associations Need to Know”

Coronavirus: What Homeowners’ Associations Need to Know

With the coronavirus having been declared a pan­demic and rapidly spreading throughout the United States, many Florida community associations are con­fronting unique issues and need to know how to com­bat the spread of coronavirus and comply with recom­mendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your association’s board, you may be asking:

  1. What are the association’s emergency powers?
  2. Can the association reschedule or cancel board and membership meetings or prohibit members from attending meetings in person?
  3. Can the association close the recreational facilities and amenities?
  4. Should the association forgive payment of assess­ments for owners facing hardship due to the coro­navirus or stop its collection efforts?
  5. Should the association stop sending violation let­ters or imposing fines?

The answers to some of these questions will depend on the language in your community’s governing doc­uments and you may need to consult with the Associ­ation’s counsel regarding your unique legal situation. Notwithstanding, this article is intended to give gener­al guidance and a place to start when looking for an­swers to coronavirus questions. Continue reading “Coronavirus: What Homeowners’ Associations Need to Know”

Join Us for the Condo and HOA Board Certification Classes

Join us this February and March for the HOA Board of Directors Training Course. We have two dates to choose from and both classes will include dinner at Maggiano’s.  Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP to reserve your spot today!

Join Us This Fall for the Condo and HOA Board Certification Class

Join us on this Fall for the HOA Board of Directors Training Course. We have several dates to choose from and all classes will include dinner at Maggiano’s.  Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP to reserve your spot today!

Join us on Thursday, November 15th for an HOA Board of Directors Training

HOA Invite 11.5.18.jpg

Join us on Thursday, November 15th for an HOA Board of Directors Training. Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP to reserve your spot today!

Homeowners Association Director Nominations in Advance of the Annual Meeting

Traditionally, all phases of homeowners association board of directors elections, including nominations, voting,

Morrell_Clinton
Clinton Morrell

and vote counting, are conducted at the annual meeting. However, the time consuming nature of this process has led some homeowners associations to require nominations prior to the annual meeting instead of “from the floor” at the meeting. This saves time at the annual meeting by allowing the Association to confirm the eligibility of the candidates ahead of time. Continue reading “Homeowners Association Director Nominations in Advance of the Annual Meeting”

Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?

With the recent threat from Hurricane Irma, many condominium associations were faced with emergency requests from unit owners for the association to install or for the association to allow owners to install hurricane shutters or other forms of hurricane protection.

Johnson_Monica
Monica Johnson

If an association had no hurricane protection policy in place, the association was likely unprepared to field these requests. Most board members would cringe at the thought of plywood being mounted on the windows, but if the association has not addressed what hurricane protection is acceptable, nor made arrangements for the association to install hurricane protection, the board of directors may not have the ability to deny an owner’s request to install their own form of code-compliant hurricane protection. Continue reading “Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?”