Governor DeSantis issued Executive Order 24-157 on August 2, amending EO 24-156 and declaring a state of emergency for 61 counties, which allows state officials to make critical resources available to communities ahead of any potential areas that the storm may impact.
The counties under a state of emergency are: Alachua, Baker, Bay, Bradford, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Nassau, Okaloosa, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington.
By reason of this state of emergency Florida condominium associations and Florida homeowners’ associations are now vested with emergency powers to respond to damage or injury caused by or anticipated in connection with the storm. Fla. Stat. 720.316 pertains to homeowners’ associations and Fla. Stat. 718.1265 pertains to condominium associations.
Associations in any of the affected counties may now exercise these emergency powers as long as reasonably necessary to protect their association’s members and to mitigate against damage or injury. Both condominium and homeowner association boards may conduct meetings electronically and notice requirements for meetings are only required where practicable under the circumstances. With the advice of government officials or licensed professionals association directors or officers can restrict use and occupancy of common areas and raise funds by special assessments or loans without obtaining membership approval. However, absent a specific government order, the association may not prevent reasonable ingress and egress to an owner’s unit or home.
The lawyers at Ansbacher Law will be available during and after the storm to assist.
