Article
Courtesy of The Sun Sentinel
By Daniel
Vasquez
Published October 15,
2008
Should a hurricane again
strike Florida, condo boards now possess an unprecedented ability to
quickly act.
A new state law allows boards to temporarily suspend condo governing
documents during an emergency, said Leigh Katzman, of the law firm Katzman
Garfinkel, which represents more than 1,000 community associations in
South Florida.
"It became evident after Hurricane Wilma that these emergency powers
are necessary," he said. "They free boards do what it takes to
preserve the health, safety and welfare of members, as well as the
integrity of property."
Florida statute (Section 718.1265), which took effect Oct. 1, allows
boards to impose assessments, shut down and secure buildings before,
during and after a storm, and tap reserve accounts to pay for repairs —
all without a membership vote.
Boards may also:
Conduct emergency meetings with as much — or little — notice
as is practical, including radio and e-mail messages, or public postings
around association grounds.
Name "assistant officers" who can stand in for
directors who are not available.
Enter into agreements with counties and cities to remove debris.
Require the evacuation of condo property. The association is not
liable for injuries or damages involving unit owners who disregard the
order to leave.
Shut down electricity, elevators, water, sewer, air conditioners
and security systems. Boards can also block access to all or parts of
condo property.
Borrow money without unit owners' approval, and pledge assets as
collateral to pay for emergency repairs and to carry out general duties.
The amount to be borrowed is not restricted.
Proponents say it enables boards to be quick and nimble as they fulfill
duties to help their associations recover from a disaster. Others counter
the law is vague about when the powers cease to be in effect. The exact
wording says the powers remain in effect until "that time reasonably
necessary."
"I have mixed feelings about this kind of power being given to
boards," said Jean Winters, a Boca Raton attorney who represents unit
owners.
Katzman points to what he calls the greatest ambiguity in the law.
"The issue is going to be when do these powers end? In some
circumstances, you are going to have boards who want to extend these
powers months after a state of emergency is declared. And in certain
situations, that may be a reasonable," he said.
Winters said, "the statute should be clarified." Allowing boards
to use emergency powers indefinitely "makes no sense and would give
boards more power than the government."
This month marks the third anniversary of Wilma, which instantly conjures
memories of what can go wrong. In South Florida, it took months, even
years, for some people to be able to return home because boards had
trouble getting roofs fixed, leaks stopped or mold cleaned.
Ivan Ondrus is vice president of the Southgate Gardens Condominium
Association in Tamarac, which had about 90 buildings damaged by Wilma and
still has 42 under repair.
He believes the emergency powers should "require boards to establish
or hire a skilled project manager to handle restoration, including hiring
contractors instead of leaving the project to lay people."
Hurricane season ends in six weeks. But tough questions about the
effectiveness of Florida's new condo emergency powers will be with us for
some time.
Daniel
Vasquez can be reached at:
[email protected]
or at 954-356-4558 (Broward) or 561-243-6686 (Palm
Beach County). His condo column runs every Wednesday in the Local
section and at www.sunsentinel.com/condos.
You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez
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