Hurricane Milton will be a significant storm impacting homeowners and community associations throughout Florida. Below are some tips on how to prepare beforehand and deal afterwards with the consequences.
- Make copies of your insurance policies and important papers. After the storm, you will want your insurance policy immediately available should you need to make a claim. Copy the entire policy, not just the declaration page. Also, copy the name, phone number, and email address of the claims department and your agent. You will want to include your home, flood, and car insurance policies. An easy way to make copies that will be readily available after the storm is to snap photos and email the policies to yourself or save them to your phone’s storage. Write down the important contact names and numbers (e.g., utilities, community association manager, roofer, electrician).
- Video Your Home & Possessions. In case of damage, you will need to itemize your possessions with sufficient detail to submit a claim. Although the “gold standard” is a complete inventory, including proof of purchase and valuation, few of us will take the time to create one, especially when preparing for a storm. An easier solution is to pull out your phone and go room by room, filming your possessions while verbally describing valuable items. Then make sure your phone is backed up on a website (e.g., iCloud, google) just in case.
- Plan Early Whether to Stay or Go. Don’t wait until the bad weather comes to make the key decision on whether to shelter in place or evacuate. Track the storm at the National Hurricane Center (noaa.gov). Pay attention to advisories and know your flood zone. Realistically consider past events and the predicted flooding, storm surge, and wind speed. If you are considering evacuating, leave early before the roads get dangerous and crowded. Turn off your water, unplug appliances, tell your neighbors, and hit the road. Alternatively, if sticking it out in place, follow a hurricane checklist (e.g., Build A Kit | Ready.gov ) and stock up early.
- Special Considerations for Condominium & Homeowners’ Associations.
- Prepare an emergency response plan. Work with your community association manager, engineer, and lawyers on how to respond before and after the storm. Don’t assume that local government emergency response alone will be sufficient. Line up vendors in advance for clearing roads, tarping roofs, clearing ditches, and keeping pumps online.
- Governor DeSantis has declared a state of emergency in most Florida Counties. On October 5, 2024, he issued Executive Order 24-214 and, on October 6, 2024, Executive Order 24-215, expanding the affected area.
- Condominium associations and homeowner associations in the affected areas are now vested with emergency powers to respond to damage or injury caused by or anticipated in connection with Hurricane Milton. Fla. Stat. 720.316 pertains to homeowners’ associations and Fla. Stat. 718.1265 pertains to condominium associations.
- Associations in any 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 the 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.
If Hurricane Milton impacts your property, be wary of scams, as, unfortunately, some predatory contractors and vendors prey upon storm victims. CONSUMER ALERT: Attorney General Moody Warns Floridians Affected by Hurricane Helene About Disaster-Related Scams | My Florida Legal. Don’t sign an insurance assignment or repair contract before talking to your lawyer.
The lawyers at Ansbacher Law are available to assist before, during and after the storm.
