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New order sets expiration date for homeowner associations’ emergency powers

Portions of the emergency order expire on June 1.

The Department of Business and Professional Regulation announced the expiration of an emergency order Wednesday that empowered community associations to take emergency actions against the spread of the novel coronavirus.

Beginning on June 1,  Emergency Order 2020-06 will expire portions of an earlier emergency order, EO 2020-04, and lift the emergency powers given in response to the COVID-19 pandemic to condo boards, homeowners’ associations and cooperatives.

The order had given emergency powers to community associations, allowing them to take actions such as prohibiting access to common areas like lobbies, pools and gyms.

Moreover, community associations under the emergency provisions were permitted to limit or prohibit guests, family members and unit owners from entry to protect “health, safety, and welfare.”

The new order will also end the tolling time requirements for filing certain financial statements.

EO 2020-04 arrived on March 27 and suspended the Cooperatives Act and the HOA Act, which mandated that emergency powers by associations only be taken in “response to damage caused by an event for which a state of emergency is declared.”

According to the National Law Review, the emergency powers statutes were created in the mid-2000s after an active hurricane season as a way for associations to take independent action to protect and maintain their property.

Written By

Jason Delgado covers news out of the state capitol for Florida Politics. After his time with the U.S. Army, Jason attended the University of Central Florida where he studies Political Science & American Policy. His past bylines include WMFE-NPR and POLITICO Florida. You can reach Jason at jason@floridapolitics.com or on Twitter at @JasonDelgadoFL.

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