Ask Fred-Due to an emergency

Question:  My association closed much of the association’s property after Hurricane Irma to repair damages caused by the hurricane.  The fallout by association members was shocking.  I am pretty sure that the association was within its rights to limit access to association property due to an emergency, but can you point me to the right statute?

Answer:  You’re correct.  If a state of emergency was declared in your area where the association is located, then you were granted emergency powers under Florida Statute section 720.316.  Section 720.316(g) specifically states, “Based 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.”  Hope this answers your question.

Thanks for asking, Fred Gray


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