The Law Spot-In the event of an emergency…

The Florida statutes grants emergency powers to associations when damage has been caused by an event and the state has declared a state of emergency in the area that the association is located.

Section 720.316 of the Florida Statutes detailed the emergency powers, which include holding board meetings or canceling and/or rescheduling association meetings.  The association may even relocate its principal office or designate an alternative principal office, as necessary.

The provisions of 720.316 kick in provided an association’s declaration or other governing documents do not specifically state otherwise.

One of the most important powers is the ability to designate assistant officers, who assist the executive officer during the state of emergency.  The designated assistant officer or officers does not need to be a director.  If an executive officer becomes incapacitated or unavailable, the designated assistant officers have the same authority during the state of emergency as the executive officers.

The association may also enter into agreement with county or municipal authorities to assist those county or municipalities with debris removal.

Two other significant powers granted include the authority to levy special assessments without a vote of the owners, regardless of whether the governing documents grant that authority.  The other significant power is the authority to borrow money and pledge association assets as collateral to fund emergency repairs or carry out association duties in the event the association’s operating fund are not sufficient to handle the repairs.

To read the entire statute, click –

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