To the extent allowed by law, unless specifically prohibited by the
declaration or other recorded governing documents, and consistent with
s. 617.0830, the board of directors, in response to damage or injury
caused by or anticipated in connection with an emergency, as defined in
s. 252.34(4), for which a state of emergency is declared pursuant to s.
252.36 in the area encompassed by the association, may exercise the
(a) Conduct board meetings, committee meetings, elections, or membership
meetings, in whole or in part, by telephone, real-time
videoconferencing, or similar real-time electronic or video
communication 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, electronic
transmission, public service announcements, conspicuous posting on the
common area, or any other means the board deems appropriate under the
circumstances. Notice of decisions may also be communicated as provided
in this paragraph.
(b) Cancel and reschedule an association meeting.
(c) Designate 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.
(d) Relocate the association’s principal office or designate an
alternative principal office.
(e) Enter into agreements with counties and municipalities to assist
counties and municipalities with debris removal.
(f) Implement a disaster or an emergency plan before, during, or
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.
(g) Based upon the advice of emergency management officials or public
health officials, or upon the advice of licensed professionals retained
by or otherwise available to the board, determine any portion of the
common areas or facilities unavailable for entry or occupancy by owners
or their family members, tenants, guests, agents, or invitees to protect
their health, safety, or welfare.
(h) Based upon the advice of emergency management officials or public
health officials or upon the advice of licensed professionals retained
by or otherwise available to the board, determine whether the common
areas or facilities can be safely inhabited, accessed, or occupied.
However, such determination is not conclusive as to any determination of
habitability pursuant to the declaration.
(i) Mitigate further damage, injury, or contagion, 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 common areas or facilities or sanitizing the
common areas or facilities.
(j) Notwithstanding 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.
(k) Without 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
(2) The 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, injury, or
contagion and make emergency repairs.
(3) Notwithstanding paragraphs (1)(f)-(i), during a state of emergency
declared by executive order or proclamation of the Governor pursuant to
s. 252.36, an association may not prohibit parcel owners, tenants,
guests, agents, or invitees of a parcel owner from accessing the common
areas and facilities for the purposes of ingress to and egress from the
parcel when access is necessary in connection with:
(a) The sale, lease, or other transfer of title of a parcel; or
(b) The habitability of the parcel or for the health and safety of such
person unless a governmental order or determination, or a public health
directive from the Centers for Disease Control and Prevention, has been
issued prohibiting such access to the parcel. Any such access is subject
to reasonable restrictions adopted by the association.
History.—s. 19, ch. 2014-133; s. 26, ch. 2021-99.