Who Covers Hurricane Protection – Condo Association Or Owners?

According to the National Oceanic & Atmospheric Administration (NOAA), there is a roughly 55 percent chance of having a ‘below-normal’ hurricane season this year. This means that while an average season has about 14 named storms, this year’s is forecasted to have as few as 8. Still, Florida condo associations have obligations that must be met each year, even if the work done proves to be less immediately necessary. If this does not happen, they may face litigation from owners or even third parties.

It Really Does Depend

It is understandable to want a simple checklist of what a condo association is responsible for in hurricane season, but unfortunately, it does depend on the language of your association’s governing documents and your declaration. If the declaration holds that the association is responsible for hurricane protection, that is that. If the declaration is mute, and no hurricane protection has been installed, in general, condo associations are required to either install or require unit owners to install hurricane protection that meets “or exceeds” applicable building codes.

While this may sound like a lot of “ifs,” the Florida legislature wanted to ensure that every foreseeable eventuality is planned for – given how devastating hurricane season can be, it is crucial to have some type of protection in place, regardless of who might be made to pay for it. The focus is clearly on the protection of the association as a whole, particularly since the law does allow the board to “operate hurricane protection without permission” of the owners in case of an emergency.

Owners On Their Own

One thing to keep in mind: while an association may be required to provide hurricane protection for the buildings and valuables, in general, its board members are not personally required to assist unit owners, particularly if a storm is actually occurring. Unit owners need to have their own plans to evacuate and to protect their own possessions, though they must obey the requirements of the association – in fact, the law is clear that if a unit owner or occupant refuses to evacuate if required by the condo association, the association is explicitly immune from any injury claim they might bring.

While this should be common sense, it is critical for an association to disseminate this message via any means possible, so that owners understand what may be required of them during a storm, and what the condo board can and cannot do during that time frame. The quickest way to damage relations with unit owners is to over-promise and under-deliver, so it is best to simply state the facts.

Contact A Hollywood, FL Condo Association Attorney

In Florida, hurricane season is an unfortunate fact of life, and in order to get through it, condo associations have a duty to prepare their unit owners for storms as best they can, though that may look different from community to community. If you have questions about storm preparation and association obligations, contacting a Hollywood, FL condo association attorney from The Law Offices of Steven A. Mason, PA can be the first step to getting them answered. Contact the office today at (954) 963-5900 to speak to an attorney.

Source:

noaa.gov/news-release/noaa-predicts-below-normal-2026-atlantic-hurricane-season