Community Association Newsletter Special Alert: An Update on Community Association Emergency Powers Re COVID-19
By: Christopher J. Shields, Esq. & Vanessa Fernandez, Esq.
As you are aware, Governor Ron DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a state of emergency under Section 252.36 of the Florida Statutes relating to the outbreak of the novel coronavirus, SARS-CoV-2, and the disease caused by the virus, COVID-19 in the State of Florida. Based upon Executive Order 20-52, as extended and notwithstanding anything in the governing documents to the contrary, Condominium Associations, Homeowners Associations, and Cooperatives have been able to operate under the emergency powers in Sections 718.1265, 720.316, and 719.128 of the Florida Statutes respectively. There has been considerable debate as to whether these statutes are applicable during a pandemic since the statutes grant these powers “in response to damage caused by an event for which a state of emergency is declared.” The statutes were enacted in 2008 in response to the particularly damaging hurricane season of 2004 and the language is obviously aimed at weather-related emergencies (hurricanes). That notwithstanding, the statutes make specific reference to Section 252.36 and a state of emergency issued thereunder, which includes Executive Order 20-52, as extended.
Click here to read the full article…