MEMORANDUM REGARDING ASSOCIATION'S COVID-19 EMERGENCY POWERS
Updated: Jul 29, 2021
Because the Governor has issued a State of Emergency for Florida, condominium and association boards currently have emergency powers pursuant to Section 718.1265 and Section 720.316 of the Florida Statutes. These powers allow boards to do the following while the State of Emergency remains in effect.
1. CONDUCT BOARD MEETINGS IN A WAY THAT IS SAFE FOR BOTH DIRECTORS AND MEMBERS
Notice should still be provided, but may be by mail, posting, or email. The meetings themselves can be "virtual meetings" by phone or internet. We recommend that owners be provided with an email or phone number so that if they have concerns about an agenda item, they can send an email or phone message that will be read at the meeting.
2. NAME ASSISTANT OFFICERS
Who can step in should an officer or director become incapacitated or unavailable.
3. CANCEL AND RESCHEDULE ANY MEETINGS
Unless the board needs to meet due to pressing issues that cannot be put off, we recommend postponing all meetings. Boards may also take unanimous written action outside a meeting.
4. IMPLEMENT A DISASTER PLAN
Boards may choose to pre-plan how it will respond should the situation get worse.
5. CLOSING COMMON AREAS
Boards may determine any portion of the condominium or association property unavailable for entry or occupancy by owners, tenants, guests, etc. This may be done based upon advice of emergency officials. Board may choose to close some or all of the association's amenitites.