Community Association Newsletter Special Alert: Community Association Emergency Powers Update
By: Vanessa Fernandez, Esq. & Christopher J. Shields, Esq.
Governor Ron DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a state of emergency under Section 252.36 of the Florida Statutes relating to the outbreak of the novel coronavirus, SARS-CoV-2, and the disease caused by the virus, COVID-19. By virtue of Executive Order 20-52, as extended throughout the pandemic, many Condominium Associations, Homeowners Associations, and Cooperatives have been able to operate under the emergency powers in Sections 718.1265, 720.316, and 719.128 of the Florida Statutes respectively. According to Executive Order 20-213, the state of emergency was set to expire on November 3, 2020. The expiration of Executive Order 20-52 would mean that Associations could no longer operate under reasonable statutory emergency powers which have allowed many Associations to promulgate emergency rules and regulations relating to the coronavirus, and to adjust the format/location of membership meetings and board meetings throughout the pandemic.
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