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 corona virus.
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.” |
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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.