Dear Friends and Colleagues,
Yesterday, Governor Scott declared a State of Emergency for the entire state of Florida.
(a) Conduct board meetings and membership meetings with notice given as is practicable. For example, radio, U.S. mail, internet, public service announcements, and conspicuous posting on the association property or any other means the board deems reasonable under the circumstances.
(b)Cancel and reschedule any association meeting.
(c)Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d)Relocate the association’s principal office or designate alternative principal offices.
(e)Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f)Implement a disaster plan before or immediately following the event for which a state of emergency is declared.
(g)Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board,determine any portion of the association property unavailable for entry or occupancy by owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h)Require the evacuation of the association in the event of a mandatory evacuation order in the locale in which the association is located. Should any owner or other occupant of an association fail or refuse to evacuate the association property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.This only applies to Condominiums and Cooperatives.
(i)Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the association property can be safely inhabited or occupied.
(j)Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet and cabinetry.
(k)Levy special assessments without a vote of the owners.Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.
Many of us are terrified by the process of making an insurance claim. In fact, most of us believe that our rates will go up or we will be dropped in the case of a claim. THIS IS FALSE WHEN IT COMES TO A HURRICANE CLAIM YOUR INSURANCE COMPANY CANNOT DROP YOU OR YOUR ASSOCIATION FOR MAKING A PROPERTY DAMAGE INSURANCE CLAIM. THESE CLAIMS ARE PROTECTED. Below is a quick checklist of what you and the Board should be doing NOW in addition to making the standard preparations:
(overview) of the insurance policy. Know the hard deadline for making a claim.
WE HAVE HANDLED MORE THAN 3,000 INSURANCE CLAIMS. GET A SECOND OPINION WHEN THE INSURANCE COMPANY CLAIMS THAT THE DAMAGE YOUR COMMUNITY SUFFERED IS BELOW THE DEDUCTIBLE
If there is ever any doubt about whether your association is getting fair treatment from its insurance company, please feel free to contact us for more information.You always have the right to independent representation in the event of an insurance claim.
In the coming days and weeks, we will continue to walk you through issues like lines of credit, reserve funds, special assessments and immediate damage restorations including water removal, roof repair, blue tarping, carpet removal, window covering, etc. We will also provide regular updates regarding insurance claims processing, tree removals, construction repairs and contracts, hurricane debris and other storm relate matters.
Please remember to use your common sense and be careful running generators inside (including garages) where carbon monoxide poisoning can occur. Take special care of gas storage and any other extraordinary supplies.
Above anything else, I wish all of you, your families, loved ones, and pets a safe next few days.
Yours in Community,
1-800-393-2999 © Garfinkel Whynot, P.A. 2016
300 N. Maitland Ave., Suite 1
Maitland, FL 32751