Preparing For The Next Hurricane: Steps For Condo Boards To Take
Florida is the U.S. state most affected by hurricanes, with something like 40 percent of all recorded hurricanes since the late 19th century making landfall there. The National Oceanic & Atmospheric Administration (NOAA) is reporting that this year’s hurricane season will continue to be active as well, with two named storms already hitting southern Florida and more potentially on the way. If you live in a condo building, it is crucial that your condo board know what steps to take to avoid liability in the future.
Responsibilities Are Shared
The average person might think that 100 percent of the responsibility to protect the condo building would fall on the shoulders of the association, but in reality, both owners and the board have responsibilities they cannot ignore in the event of a natural disaster. In general, the association is responsible for protecting the common elements, and unit owners are responsible for having protection for their individual units – but sometimes, a unit owner’s failure to protect their own assets can have wider-ranging ramifications.
More broadly speaking, however, it is the responsibility of the association to have a disaster plan in place, even while requiring unit owners to have their own. In general, a disaster plan should keep the association functioning in the event of a serious disaster, even if utilities like power or internet are unavailable. Paper copies of all relevant documents, such as contracts, governing documents for the association, resident lists, and financial records.
New Issues Always Appear
One particular headache for community associations that has become more of an issue in recent years is the care of electric vehicles (EVs). Electric vehicles of all kinds (cars, golf carts, e-bikes, and others) are too often left plugged into their charging stations during a hurricane, which can effectively render them unusable. The salt water from a hurricane can corrode the internal components of a charging station badly enough to start a fire if one attempts to use it – and if it can be shown that the owner failed to move or otherwise protect the vehicle, there may be legal issues on the horizon for that owner.
One thing to keep in mind is that amidst the flurry of community association-related legislation created this year, the so-called “Condo 3.0” bill signed in June creates a “uniform procedure and definition” for standard hurricane protections, as well as adding language to the statute that expands “allowable” hurricane protection. What this means is that going forward, condo declarations must contain a passage stating the responsibilities of both unit owners and the condo association itself in terms of protecting the building from natural disasters. The governing documents will become the definitive word on many hurricane preparedness issues.
Contact A Tampa Condo Association Attorney
The condominium landscape in Florida is having to essentially reinvent itself in the last few years, and the new laws will hopefully allow that to happen. If you have questions or concerns about your responsibilities during hurricane preparations, a Tampa condo association attorney from the Seward Law Office can help. Contact our office today to schedule a consultation.
Source:
noaa.gov/news-release/highly-active-hurricane-season-likely-to-continue-in-atlantic
