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Hurricane Preparation Checklist: What a Board Does Before the Season and Before a Named Storm
What a Florida condominium, cooperative or HOA board does before hurricane season and before a named storm, from the off-site records set to the board resolution.
Almost everything a board wishes it had done before a storm takes an hour and costs nothing. The records are off site or they are not. The deductible number is known or it is a surprise. The photographs exist or the adjuster decides what the damage was. This checklist covers the work done once a season, and the work done in the seventy-two hours after a storm is named.
Download the PDFThe PDF is a designed, printable copy for the board packet, the bulletin board or your meeting portfolio. On screen, you can tick the boxes below; nothing you tick is saved or sent anywhere.
Work the first four sections in May or June. Work the last four when a named storm enters the basin. The citation under an item tells you where the requirement comes from, so a manager can check it against your own declaration and bylaws, which may be stricter than the statute and in a few places may limit what the board may do at all.
The chapters are not identical here. The emergency powers an HOA board holds under section 720.316 are a shorter list than the powers a condominium or cooperative board holds. Items that differ by chapter are labeled. For the longer treatment see our condominium emergency powers guide and the board resource on hurricane preparation.
The off-site records package
This is not housekeeping. The emergency powers apply only to the extent the governing documents do not specifically prohibit them, so the documents decide what the board may do.§ 718.1265(1); § 719.128(1); § 720.316(1)
A folder only the manager can open is not an off-site records package. Managers evacuate too.
Condominium and cooperative associations only. Chapter 720 has no Division account requirement.§ 718.501(3); § 719.501(3)
The insurance review, and what to put to the agent in writing
An insured value set five years ago against today's construction cost is how an association ends up coinsured on its own loss.Condominium replacement cost must be determined at least once every 3 years by independent appraisal or by an update of a prior appraisal. § 718.111(11)(a)
This is the single most expensive assumption boards make. The calendar-year hurricane deductible that personal lines residential policies receive does not automatically apply to an association master policy; a commercial residential policy may be written either way. Two storms in one season can mean two full deductibles.§ 627.701(5)(a) (personal lines, annual basis); § 627.701(5)(b) (commercial residential, annual basis or separately as to each hurricane)
A 5 percent deductible on a $40 million insured value is $2 million. The board should know the figure before the storm, not while reading a denial letter.
Condominium deductibles are established by the board at a meeting held in the manner set forth in § 718.112(2)(e), and must be consistent with industry standards for comparable communities. § 718.111(11)(c)
These are policy conditions, not statutes. Failing them is a coverage argument the carrier will make before it argues about the damage.
For condominiums the statute puts floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments on the owner. Cooperative and HOA allocation is different and turns on the documents.§ 718.111(11)(f)
Board authority settled before the storm, not after
The powers run only "to the extent allowed by law, unless specifically prohibited by" the governing documents. § 718.1265(1); § 719.128(1); § 720.316(1)
The statute gives the powers to the board as a body. It does not name a person. A resolution adopted in June is what keeps a $300,000 emergency contract signed at 6 a.m. from being attacked as unauthorized.
Chapters 718 and 719 run (a) through (m). Chapter 720 runs (a) through (k) and has no power to require evacuation and no power to contract on behalf of individual owners for items they are otherwise responsible for. An HOA board that does either is acting outside the statute.§ 718.1265(1)(a)-(m); § 719.128(1)(a)-(m); § 720.316(1)(a)-(k)
Special assessment without an owner vote and borrowing against association assets are § 718.1265(1)(l) and (m) and § 719.128(1)(l) and (m), but § 720.316(1)(j) and (k)
An emergency item may be added on a vote of a majority plus one and must be noticed and ratified at the next regular board meeting under § 718.112(2)(c)1. and § 719.106(1)(c). Chapter 720 has no equivalent provision.
The board may conduct meetings by telephone, videoconference or other real-time electronic means, with notice given in any practicable manner. § 718.1265(1)(a); § 719.128(1)(a); § 720.316(1)(a)
Vendors placed under contract before the queue forms
A contract entered into by an unlicensed contractor is unenforceable in law or equity by that contractor. § 489.128
An open-ended time and materials mobilization signed the morning after landfall is where the price dispute starts.
A policyholder may not assign post-loss benefits, in whole or in part, under a residential or commercial property insurance policy issued on or after January 1, 2023; the attempt is void and unenforceable. § 627.7152(13)
The pre-storm photographic survey
Pre-existing damage you did not document is the first thing an adjuster will attribute the entire claim to. Documenting it protects the claim, it does not weaken it.
Hardening the buildings and the grounds
Some declarations make hurricane protection a common element the association installs and maintains; others leave it entirely with the owner. Boards routinely get this backwards and discover it with openings unprotected.
Generator, life safety, elevators and utilities
Boards regularly assume the generator runs an elevator. Very often it does not.
Implementing the association's disaster plan, including shutting down elevators, electricity and water, is an express emergency power. § 718.1265(1)(g); § 719.128(1)(f); § 720.316(1)(f)
The contact tree and the resident communication plan
HOA consent must be in writing under § 720.303(2)(c). The condominium and cooperative provisions require consent but do not say it must be written.
Three channels produce three versions of the facts and one very bad meeting. See post-storm communications.
Keep the list to contact information and the fact that assistance may be needed. Do not compile diagnoses or medical records; fair housing and privacy exposure starts there.
Statutes and authorities referenced
§ 718.1265, Fla. Stat. (condominium association emergency powers)
§ 719.128, Fla. Stat. (cooperative association emergency powers)
§ 720.316, Fla. Stat. (homeowners' association emergency powers)
§ 718.111(11), Fla. Stat. (condominium insurance, deductibles and appraisal)
§ 627.701, Fla. Stat. (hurricane deductibles, personal lines and commercial residential)
§ 627.7152(13), Fla. Stat. (prohibition on assignment of post-loss benefits)
§ 489.128, Fla. Stat. (contracts of unlicensed contractors unenforceable)
Hamilton Mikes helps Southwest Florida boards put the authority, the vendor agreements and the insurance review in place before the season rather than after a storm, and reviews emergency resolutions against the current statutes. Call 239-594-7227 or visit our Disaster Recovery page.
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Printed from https://hamiltonmikes.com/downloads/hurricane-preparation-checklist · Hamilton Mikes, P.A. · 239-594-7227 · General information, not legal advice.