June 1st marks the official start to the 2019 hurricane season, however, now for the fifth straight year the first storm of the year was named before the season even began. “Andrea” formed in late May and a new storm, Invest 91L, is currently brewing in the Gulf of Mexico and threatening to become “Barry.”
The 2019 season is projected to be average to slightly below average. The National Oceanic and Atmospheric Administration (“NOAA”) predicts there will be between 9-15 named storms, 4-8 of which will become hurricanes and of those hurricanes 2-4 will ultimately become major hurricanes (category 3, 4, or 5; with winds of 111 mph or higher).
Florida
condominium and homeowner associations are encouraged to take the following
steps to ensure that they are properly prepared for an upcoming weather event
and to put themselves in the best position to respond should damage to property
occur. The list below is not all inclusive but should provide a solid basis for
preparation. In addition to seeking
advice of legal counsel, community associations should work carefully with
their Community Association Manager (CAM), insurance advisors, property
maintenance staff, and providers.
Resident
Information
Confirm that you have up to date
information for residents and guests, including phone numbers, email addresses,
and emergency contact numbers
Consider developing emergency contact
system to notify owners if mandatory evacuation is required
Keep members with disabilities in mind
and provide a list of available services for such members
Seasonal owners and “snowbirds” should
be required to prepare their unit or home prior to departing for the hurricane
season
Insurance
Meet with your insurance agent to make
sure that you have proper coverage
Have copies of your policies that are
readily available
Ensure that you have emergency contact
information for directors and officers available in case of a claim
Financial
Information
Bank account information should be
readily available, including institution name and account number
Consider making arrangements with bank
for line of credit depending on financial status of community
Property
Documentation
Take pictures of existing structures,
amenities, and other real and personal property prior to a significant weather
event
When possible, create a database or
inventory of property and equipment with identifying information such as serial
numbers, or product vendor and models
Official
Records
Store electronically, if possible, with
proper data backups and security
Ensure that documents are in a safe
location with minimal risk of being damaged
Disaster
Preparation
Maintain a list of vendors such as tree
trimmers, water and mold remediation specialists, and for other services that
may be necessary after a storm event
Install hurricane shutters or board up
exposed windows
Inspect all fire and safety equipment
Prepare to be without power for several
days and make plans for electronic access gates
Store and secure any debris or loose
items such as chairs, furniture, pool equipment and anything that could become
a projectile in high winds
Disaster
Committee
While not required, it may be advisable
to establish a committee authorized by the Board to make immediate decisions in
case of emergency if the Board members are not available
For condominium associations, Section
718.1265 of the Florida Statutes (2018) establishes emergency powers to be
exercised by the Board of Directors.
For homeowners’ associations, Section
720.316 of the Florida Statutes (2018) establishes emergency powers to be
exercised by the Board of Directors.
Post
Disaster
After a substantial weather event,
communities are encouraged to consult with their CAM, insurance agent, and
legal counsel
Avoid the temptation to make quick
decisions based on direct marketing at expense of valid quotes for services
Review your insurance contract
regarding repairs and whether they are required to be made during the
submission of a claim
Keep copies of all invoices, receipts,
and any other documentation related to post-disaster services and products
Timely submit claims
as required by insurance policies
The above list is not
all inclusive but should provide a solid basis of review for Florida
condominium and homeowners associations in advance of a major disaster
event. Proper and thorough preparation
typically ensures that the Association is able to respond to a disaster event
through notifying its residents, addressing immediate damage to real and
personal property, and submitting claims to insurers. Communities with questions regarding their
disaster plan should speak with their CAM and qualified legal counsel.
