- Community Associations, Legal Updates
- Florida
As Florida prepares for potential impacts from Tropical Depression Nine, condominium, homeowners (HOA) and townhome community association boards in affected areas should understand the emergency powers available to them under Florida law.
On October 6, 2026, Governor Ron DeSantis issued Executive Order 26-202, declaring a state of emergency for 25 Florida counties in preparation for the storm. The declaration covers Baker, Bay, Calhoun, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, Taylor, Walton, Wakulla, and Washington counties.
You can read the Executive Order here.
Florida condominium and homeowners association statutes provide boards with specific additional powers when a state of emergency has been declared in the area encompassing the community. These powers are intended to help boards act quickly to protect residents and association property before, during, and after an emergency.
When Can a Florida Community Association Exercise Emergency Powers?
Section 718.1265 of the Florida Condominium Act and Section 720.316 of the Florida Homeowners’ Association Act authorize certain emergency powers when a state of emergency has been declared pursuant to Section 252.36 in the area where the association is located.
Importantly, an association does not necessarily need to wait until storm damage has occurred. The statutes permit boards to exercise emergency powers in response to damage or injury caused by or anticipated in connection with an emergency. This allows qualifying associations to take appropriate protective measures before a storm arrives.
The authority is not unlimited. Emergency powers must be exercised to the extent allowed by law, are subject to applicable restrictions in the association’s governing documents, and must be consistent with the directors’ duties under Section 617.0830. The powers are also limited to the period reasonably necessary to protect health, safety, and welfare, mitigate further damage or injury, and make emergency repairs.
What Emergency Powers Are Available to Florida Condominium and HOA Boards?
Although Sections 718.1265 and 720.316 contain some differences, both statutes provide boards with significant flexibility to respond to an emergency. Depending on the circumstances, these powers may include:
- Modify Association Meetings – Boards may conduct board, committee, election, and membership meetings, in whole or in part, through telephone, real-time videoconferencing, or similar electronic communications. The statutes also provide flexibility regarding how meeting notices and board decisions are communicated when ordinary methods may be impractical. Boards may also cancel and reschedule association meetings when necessary.
- Implement an Emergency or Disaster Plan – Associations may implement disaster or emergency plans before, during, or following the event. Depending on the property and circumstances, this may include turning on or shutting down utilities and building systems such as elevators, electricity, water, sewer, security systems, or air conditioning. For communities within the counties covered by Executive Order 26-202, boards should consider reviewing existing hurricane and disaster plans now rather than waiting for conditions to deteriorate.
- Restrict Access to Unsafe Areas – Based on advice from emergency management officials, public health officials, or appropriate licensed professionals, boards may determine that portions of association property are unsafe for entry or occupancy. Boards may also rely on appropriate professional or governmental advice when determining whether property can safely be inhabited, accessed, or occupied following an emergency. These provisions can be particularly important following flooding, structural damage, downed electrical systems, debris, or other conditions that create an immediate safety risk.
- Take Steps to Prevent Additional Property Damage – Boards may take action to mitigate further damage, injury, or contagion. This can include contracting for debris removal and addressing conditions that could lead to mold or mildew. For condominium associations, Section 718.1265 provides broader authority in this area. A condominium association may, when necessary, take certain mitigation measures involving portions of individual units and may contract on behalf of unit owners for certain items or services that would ordinarily be the owner’s responsibility when necessary to prevent further damage or injury to condominium or association property. The statute provides a mechanism for recovering the actual cost from the affected unit owner.
- Levy Emergency Special Assessments – Both condominium and HOA boards may levy special assessments without an owner vote under their respective emergency-powers statutes, notwithstanding contrary provisions and even when that authority is not specifically provided in the governing documents. This authority can allow an association to obtain funds needed for emergency response and repairs without waiting for the normal owner-approval process that might otherwise apply.
- Borrow Money for Emergency Repairs – If operating funds are insufficient, condominium and HOA boards may borrow money without owner approval and pledge association assets as collateral to fund emergency repairs and carry out association responsibilities. Boards should nevertheless carefully document the emergency need, the amount borrowed, and the purpose for which the funds will be used.
- Coordinate Debris Removal – Both statutes authorize associations to enter into agreements with counties and municipalities to assist with debris removal. This authority may become particularly useful following a hurricane or tropical storm that leaves substantial vegetative, structural, or other debris throughout a community.
Emergency Powers Do Not Give Boards Unlimited Authority
A gubernatorial emergency declaration does not suspend an association’s governing documents or give a board unrestricted authority.
Florida law specifically limits these extraordinary powers to the period reasonably necessary to protect the health, safety, and welfare of the association and its residents and to mitigate further damage, injury, or contagion and make emergency repairs.
There are also statutory protections concerning access to property during a declared emergency. Subject to reasonable association restrictions, associations generally cannot use their emergency powers to prevent owners, tenants, guests, agents, or invitees from obtaining access necessary for specified purposes involving the sale, lease, or transfer of property, habitability, or health and safety unless applicable governmental or public-health restrictions prohibit that access.
Boards should therefore connect each use of emergency authority to the actual emergency and document the circumstances supporting the decision.
What Should Florida Community Association Boards Do Now?
For condominium and homeowners associations located within the counties covered by Executive Order 26-202, the state of emergency makes this an appropriate time to review the association’s:
- Disaster procedures
- Governing documents
- Insurance information
- Vendor contacts
Boards and community association managers should also identify who has authority to communicate with emergency vendors, confirm how residents will receive urgent notices, determine how the board will meet if normal meeting procedures become impractical, and document emergency decisions as they are made.
Legal Resource
Emergency powers are designed to give boards flexibility when ordinary association procedures may be too slow or impractical to protect people and property. However, the scope of that authority depends on the type of association, its governing documents, the particular emergency, and the action being considered.
Florida condominium and homeowners association boards with questions regarding emergency powers, hurricane preparation, emergency repairs, special assessments, or their responsibilities following a storm should consult with experienced community association counsel.
Questions about this Executive order, board authority, or other legal issues?
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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