It’s almost been two months since Hurricane Irma devastated the southeast United States. While it certainly could have been far worse for Southwest Florida, many community associations are still working through a variety of difficult issues, including processing insurance claims, continuing clean-up, and property restoration. While immediate attention must be paid to these new issues, now is also a good time for associations to work on developing disaster preparedness and response plans for the future, or refining current plans based on what has been learned from this hurricane.

According to Section 718.111 (11) (d) of the Florida Condominium Act, condominium associations are required to use its best efforts to obtain and maintain “adequate insurance” to protect the association, the association property, the common elements, and the condominium property. The condominium stature does not specifically require flood insurance. In fact, the law states that a condominium association “may also obtain … flood insurance,” implying that flood insurance is permissive, rather than legally required.

After a disaster occurs, associations should rely on established relationships with contractors to perform emergency repairs. Associations should assemble a list of post-disaster contacts such as board members, management, homeowners association attorneys, engineers, insurance agents, insurance adjusters, and so forth. There are, unfortunately, some opportunists and charlatans who chase these storms.

Associations should develop a program to keep owners informed regarding the status of association matters, for instance by email updates or posting on a website.

Hopefully, it will be a long time before we have to deal with these issues again. However, we certainly cannot count on it and should let Irma serve as a wake-up call that being prepared is key.

The homeowners’ association attorneys at Stevens & Goldwyn, P.A. are experts in condominium law, contractual disputes, and HOA litigation. They specialize in representation for homeowners associations, assessment collection, foreclosures, civil litigation, and more.Stevens & Goldwyn, P.A. is located in Plantation, FL and provides services throughout Florida, including Fort Lauderdale, Miami, Palm Beach, Plantation, Pembroke Pines, Miami Beach, Pompano Beach, Hollywood, Aventura, and more.

Arrange a free, no-obligation consultation, where you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs. Call us at 954-476-2680 or contact us online today.