Governor DeSantis Issues Order Impacting Community Association’s Emergency Powers
Governor DeSantis Issues Emergency Order 2020-04
The Department of Business and Professional Regulation’s Secretary, Halsey Beshears, pursuant to the authority granted by Governor Ron DeSantis, issued an Emergency Order on March 27, 2020 impacting the emergency powers granted to a Community Association’s Board of Directors (“Board”). Emergency Order 2020-04 (“Emergency Order”) suspends the limitation on a Board’s emergency powers to act in response to “damage caused by an event.” Emergency powers granted to Florida Condominium Associations (§718.1265(1)) and Florida Homeowners Associations (§720.316(1)) contemplated the need for expanded powers in response to natural disasters like hurricanes. The Secretary’s Emergency Order removes ambiguity related to responses to the current COVID-19 health crisis.
Amongst other matters, this Emergency Order enhances an Association’s ability to conduct meetings virtually, to cancel or reschedule meetings as needed, and to close and/or suspend the use of common property. The Emergency Order will remain in effect until it expires. Currently, no expiration date has been set by the Secretary.
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We wish you all good health and are looking forward to speaking with you soon.
Jay Fraiser is a Partner of Moorhead Real Estate Law group.
His primary focus is Condominium and Community Association Litigation and general servicing.