New order sets expiration date for homeowner associations’ emergency powers

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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.

Jason Delgado

Jason Delgado covers news out of the Florida State Capitol. After a go with the U.S. Army, the Orlando-native attended the University of Central Florida and earned a degree in American Policy and National Security. His past bylines include WMFE-NPR and POLITICO Florida. He'd love to hear from you. You can reach Jason by email ([email protected]) or on Twitter at @byJasonDelgado.


2 comments

  • Nadine Larsen

    May 22, 2020 at 7:42 am

    Please tell me where I can find additional information and sources for your article about EO – 2020 – 6. I can’t find it anywhere. Thank you.

  • Jeffrey Rembaum

    May 23, 2020 at 10:41 am

    Respectfully, The information in your article is wrong and very misleading. The Department of business and professional regulation never had the power in the first place to obviate words of existing legislation. Therefore, their action to revoke their prior order is meaningless.

    It does not matter that the intent of the legislation was to assist Association’s after a hurricane type event. I would be glad to talk more with you about this if you would like to.

    The above information is not meant to be legal advice and community associations are strongly urge to discuss these matters with their own association legal counsel.

Comments are closed.


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