eLaws of Florida

  SECTION 720.316. Association emergency powers.  


Latest version.
  • 1(1) 2To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 23617.0830, 24the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 47252.36 48in the area encompassed by the association, may exercise the following powers:
    60(a) 61Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the association property, or any other means the board deems appropriate under the circumstances.
    112(b) 113Cancel and reschedule an association meeting.
    119(c) 120Designate assistant officers who are not directors. If the executive officer is incapacitated or unavailable, the assistant officer has the same authority during the state of emergency as the executive officer he or she assists.
    155(d) 156Relocate the association’s principal office or designate an alternative principal office.
    167(e) 168Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal.
    183(f) 184Implement a disaster plan before or immediately following the event for which a state of emergency is declared, which may include, but is not limited to, turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.
    228(g) 229Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the association property unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.
    278(h) 279Based 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. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
    325(i) 326Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
    371(j) 372Notwithstanding a provision to the contrary, and regardless of whether such authority does not specifically appear in the declaration or other recorded governing documents, levy special assessments without a vote of the owners.
    405(k) 406Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions contained in the declaration or other recorded governing documents.
    461(2) 462The authority granted under subsection (1) 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.
History.-s. 19, ch. 2014-133.

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