This page is current through the 2026 regular session, which adjourned on March 13, 2026 without amending association emergency powers in any chapter. The governing change is still CS/CS/HB 913 from 2025, Chapter 2025-175, which widened the condominium and cooperative evacuation power and left Chapter 720 alone. The surrounding law, price gouging, roofing contractors, public adjusters and claim deadlines, sits outside the association chapters and moves on its own schedule. What follows runs newest first.
2026: one change, and it is about your adjuster
No bill amending Chapters 718, 719, 720 or 723 as a governance matter passed in 2026. Emergency powers, reconstruction and habitability read today exactly as they read on July 1, 2025.
One 2026 act does reach storm recovery. Chapter 2026-174, SB 1452, amended § 626.854 to require a public adjuster to respond with specific information to a written or electronic request for claim status within 14 days after the date of the request. Compensation caps were not changed. For a board with a public adjuster on a large loss, that is a usable deadline.
Two other 2026 chapter laws show up in the history lines without changing anything here. Chapter 2026-14 was a reviser's bill, and Chapter 2026-168 rewrote Chapter 617 and made conforming amendments reaching § 718.1265, § 719.128 and § 720.316. Both are housekeeping.
Emergency powers, chapter by chapter
Three statutes grant emergency powers, and they are not the same statute written three times. Each is triggered by a state of emergency declared under § 252.36 in the locale in which the community is located, and each is exercised by the board without an owner vote.
| Power | Condominium § 718.1265(1) | Cooperative § 719.128(1) | HOA § 720.316(1) |
|---|---|---|---|
| Meetings and elections by phone or video | (a) | (a) | (a) |
| Cancel and reschedule meetings | (b) | (b) | (b) |
| Designate assistant officers who are not directors | (c) | (c) | (c) |
| Relocate the principal office | (d) | (d) | (d) |
| Debris removal agreements with local government | (e) | (e) | (e) |
| Implement a disaster plan; shut down utilities | (f) | (f) | (f) |
| Declare portions unavailable for entry or occupancy | (g) | (g) | (g) |
| Require evacuation | (h) | (i) | none |
| Determine whether property can be safely inhabited | (i) | (j) | (h) |
| Mitigate damage, injury or contagion | (j) | (j) | (i) |
| Contract on behalf of an owner | (k) | (k) | none |
| Levy a special assessment without an owner vote | (l) | (l) | (j) |
| Borrow money and pledge association assets | (m) | (m) | (k) |
The two gaps in Chapter 720 are the ones that bite. An HOA board cannot order an evacuation, and it cannot sign a contract on behalf of an individual parcel owner for work the owner is responsible for. Where a condominium board can hire the water-extraction crew for a flooded unit and lien the unit for the cost, an HOA board has to persuade the owner or wait.
The 2025 evacuation change, and who did not get it
Before HB 913, the condominium evacuation power was tied to a mandatory evacuation order. Chapter 2025-175 removed the qualifier. Section 718.1265(1)(h) now allows the board to require the evacuation of the condominium property in the event of an evacuation order in the locale in which the condominium is located. Section 719.128(1)(i) carries the same language for cooperatives.
In Southwest Florida that distinction is not academic. County emergency management routinely issues voluntary or recommended evacuation orders ahead of a mandatory order, and sometimes instead of one. Under the old text a board acting on a voluntary order was acting outside the statute. It is not now.
The statute also gives the association immunity for damages to a person who refuses to comply with an evacuation ordered under the paragraph. That immunity is the reason to order the evacuation formally, in a recorded board action, rather than by a manager's text message.
Chapter 720 was not amended at all by HB 913. An HOA board that adopts an evacuation policy is relying on its documents and on common law, not on § 720.316. Say so in the minutes, and get counsel on the language before the season rather than during it. Our guide on hurricane preparation for boards covers what to have in place in advance.
Emergency meetings, notice and ratification
No chapter puts a ratification duty in the emergency-powers section itself. The mechanism boards are thinking of lives elsewhere. Section 718.112(2)(c)1. allows a condominium board to take emergency action on an item not on the notice, on approval of a majority plus one of the board, and requires that the action be noticed and ratified at the next regular meeting. Section 719.106(1)(c) carries the cooperative equivalent.
Chapter 720 has no equivalent. An HOA board acting in an emergency is operating on § 720.316 alone, and the discipline of noticing and ratifying the action at the next meeting is a matter of good practice rather than statute. Do it anyway. The minutes of the ratification are what a court or an insurer will read two years later.
Mobile home communities are different again. Chapter 723 contains no emergency-powers section. A park owner's authority after a storm comes from the prospectus, the lot rental agreement and the park rules. The one recent Chapter 723 change worth noting is § 723.011(6), created by Chapter 2025-166 effective October 1, 2025, which added a flood disclosure.
Declaring property unavailable, and deciding habitability
Two paragraphs in each chapter do the work of closing a building. The board may determine that a portion of the property is unavailable for entry or occupancy to protect health, safety or welfare, and may determine whether the property can be safely inhabited, accessed or occupied. Both determinations must rest on the advice of emergency management officials, public health officials, or licensed professionals retained by or available to the board.
That advice requirement is the part boards skip. A determination made by the board alone, without an engineer's letter, a building official's posting or a public health directive behind it, is the version most likely to be challenged by an owner who wants back into a unit. Get the professional on paper first, then act, then file both.
Reconstruction: who rebuilds and who pays
For condominiums, § 718.111(11)(j) sets the default. Damaged property that the association insures must be reconstructed, repaired or replaced as a common expense. Property the unit owner is responsible for insuring is the owner's to restore. Where damage is caused by the intentional conduct, negligence or failure to comply with the documents by a unit owner, that owner is responsible for the costs not covered by insurance.
Deductibles and uninsured losses are common expenses unless attributable to owner negligence. That is why the deductible decision under § 718.111(11)(c), which the board makes at a meeting based on available funds and predetermined assessment authority, is a reconstruction decision as much as an insurance decision. Our page on insurance legislation reaching associations covers the coverage side.
The emergency power to levy a special assessment without an owner vote is available in all three association chapters, at § 718.1265(1)(l), § 719.128(1)(l) and § 720.316(1)(j), and it is limited to the emergency. It is not a way to fund deferred maintenance that the storm made visible. Our guide to post-storm special assessments walks through the distinction and the documentation.
Price gouging: § 501.160
The price gouging prohibition switches on with the Governor's declaration of a state of emergency and applies within the declared area. It reaches commodities and services necessary for consumption or use as a direct result of the emergency, which after a hurricane means generators, water, fuel, lumber, tarps, lodging, and the labor of the people doing the drying out.
A price is prima facie unconscionable when it reflects a gross disparity from the average price charged in the 30 days before the declaration, or grossly exceeds the average price at which the commodity was readily obtainable in the trade area during that period, unless the increase is attributable to additional costs or to national or international market trends. The prohibition runs for up to 60 days under the initial declaration and may be extended by executive order.
For a board, the practical value is evidentiary. Keep the invoices and the quotes you rejected, with dates. A complaint to the Attorney General's price gouging hotline is far stronger when the association can show the pre-storm price for the same work from the same trade area. The statute was last substantively amended in 2021, Chapter 2021-131, and nothing in 2024, 2025 or 2026 changed it.
Roofing contractors: § 489.147, amended in 2024 and 2025
Section 489.147 is the statute that governs how a roofer may approach your community after a storm. It was created in 2021, amended by Chapter 2022-268, and amended again by Chapter 2024-139 and Chapter 2025-40. The current text prohibits a contractor or anyone acting on a contractor's behalf from:
- soliciting a residential property owner by a prohibited advertisement, which is an advertisement that fails to carry, in the required type size, the statement that the owner is responsible for the deductible and the warning about insurance fraud
- offering a rebate, gift, gift card, cash, coupon or anything of value in exchange for allowing an inspection or making a claim, including offering to waive or absorb the insurance deductible
- accepting compensation for a referral where insurance proceeds will pay for the work
- interpreting policy provisions or advising on coverage without a public adjuster license
- providing an agreement to repair or replace a roof without a detailed, itemized cost estimate
A violation exposes the contractor to discipline and a fine of up to $10,000 for each violation. The contract itself must carry a notice in at least 14-point bold type telling the owner to contact the insurer to verify coverage before signing. A residential property owner may cancel a roof repair or replacement contract without penalty within 10 days after execution, or by the official start date, whichever comes first.
Two things follow for a board. The cancellation right is written to the residential property owner, so do not assume it covers a common-element roof contract without checking. And a contractor who offers to handle your insurance company is describing conduct the statute prohibits. Our page on construction and contractor legislation covers licensing and lien issues alongside this.
Public adjusters, the 2026 response deadline, and claim deadlines that do not move
Section 626.854 caps public adjuster compensation. For claims based on events that are the subject of a declaration of a state of emergency by the Governor, the cap is 10 percent of the amount of claim payments or settlements paid by the insurer, for the year following the declaration. Outside that window the cap is 20 percent. A separate 1 percent cap applies where the insurer pays or commits in writing to pay the policy limits within 14 days after the date of loss.
Solicitation is restricted to Monday through Saturday, 8 a.m. to 8 p.m. A policyholder may cancel a public adjuster contract without penalty within 10 days after the date of the contract, and for an emergency-declaration claim, within 30 days after the date of loss or 10 days after execution, whichever is longer.
The 2026 addition is the one to use. Chapter 2026-174 requires the public adjuster to respond with specific information to a written or electronic request for claim status within 14 days after the date of the request. Put the request in writing, date it, and diary the fourteenth day. Our guide to documenting an insurance claim covers what to ask for in that request.
The deadlines in § 627.70132 apply regardless of how the recovery is going. Notice of a new or reopened claim must be given within 1 year after the date of loss. Notice of a supplemental claim must be given within 18 months after the date of loss. For a hurricane, the date of loss is the date the hurricane made landfall; for a tornado, windstorm, severe rain or other weather event, it is the date verified by the National Oceanic and Atmospheric Administration. Loss assessment coverage carries its own outside limit of 3 years from the date of loss.
These are the deadlines associations miss, because a reconstruction project that takes 20 months hides a supplemental claim deadline at month 18. Put both dates on the board calendar in the first month after the storm, not the twelfth.
Frequently Asked Questions About Hurricane and Disaster Recovery Law
Can our HOA board order an evacuation before a storm?
Not under Chapter 720. Section 720.316(1) has no evacuation paragraph, and HB 913 in 2025 did not amend that section. Condominium and cooperative boards can, under § 718.1265(1)(h) and § 719.128(1)(i), and since 2025 they may act on any evacuation order rather than only a mandatory one. An HOA board considering an evacuation policy should have counsel draft it from the documents.
Do emergency powers let the board special assess without a vote?
Yes, in all three association chapters, at § 718.1265(1)(l), § 719.128(1)(l) and § 720.316(1)(j), and only in connection with the emergency. The power does not extend to funding deferred maintenance the storm exposed. Document the connection between the assessment and the emergency in the resolution, because that connection is what an owner challenge will target.
A roofer offered to cover our deductible. Is that legal?
No. Section 489.147 prohibits a contractor from offering a rebate, gift, cash, coupon or anything of value, including waiving or absorbing an insurance deductible, in exchange for allowing an inspection or making a claim. A violation can draw discipline and a fine of up to $10,000 per violation. It is also a reason to question everything else in the proposal.
How long do we have to file a hurricane claim?
One year from the date of loss for a new or reopened claim, and 18 months for a supplemental claim, under § 627.70132. For a hurricane the date of loss is the date of landfall. Loss assessment coverage has a separate 3-year limit. Calendar the 18-month date at the start of the project, because long reconstruction schedules are how associations lose supplemental claims.
Our public adjuster has gone quiet. What can we do?
Send a written or electronic request for claim status. Under § 626.854, as amended by Chapter 2026-174 effective July 1, 2026, the public adjuster must respond with specific information within 14 days after the date of the request. Keep the request and the date. If the 14 days pass without a substantive answer, that record supports both a complaint and a decision to terminate.
Does price gouging law apply to contractor labor?
Section 501.160 reaches commodities and services necessary for consumption or use as a direct result of the emergency, which covers much post-storm labor and lodging. The prohibition begins with the Governor's declaration and runs up to 60 days unless extended by executive order. Keep dated quotes and invoices; the comparison to the 30-day pre-declaration average price is what makes a complaint work.
Contact Hamilton Mikes
Hamilton Mikes advises condominium, cooperative, HOA and mobile home community boards in Lee, Collier and Charlotte Counties before and after a storm, on emergency powers resolutions, habitability determinations, contractor agreements, adjuster engagements and reconstruction assessments. Call 239-594-7227 or visit our Disaster Recovery page.
Statutes and authorities referenced
- § 718.1265, Fla. Stat. (condominium emergency powers; evacuation at (1)(h); contracting on behalf of owners at (1)(k); special assessment at (1)(l); borrowing at (1)(m))
- § 719.128, Fla. Stat. (cooperative emergency powers; evacuation at (1)(i); special assessment at (1)(l); borrowing at (1)(m))
- § 720.316, Fla. Stat. (HOA emergency powers, (1)(a)-(k); no evacuation or owner-contracting power)
- § 718.112(2)(c)1., Fla. Stat. (emergency board action on majority plus one; ratification at the next meeting)
- § 719.106(1)(c), Fla. Stat. (cooperative emergency board action and ratification)
- § 718.111(11)(c), Fla. Stat. (board sets deductibles at a meeting)
- § 718.111(11)(j), Fla. Stat. (reconstruction after casualty; allocation of costs)
- § 501.160, Fla. Stat. (price gouging during a declared state of emergency)
- § 489.147, Fla. Stat. (prohibited advertisements and practices by roofing contractors; $10,000 per violation)
- § 626.854, Fla. Stat. (public adjusters; compensation caps; solicitation limits; cancellation; 14-day claim status response)
- § 627.70132, Fla. Stat. (1-year new or reopened claim; 18-month supplemental claim; 3-year loss assessment)
- § 723.011(6), Fla. Stat. (mobile home flood disclosure)
- § 252.36, Fla. Stat. (declaration of a state of emergency)
- Session laws: Ch. 2021-77; Ch. 2021-99; Ch. 2021-131; Ch. 2022-268; Ch. 2024-139; Ch. 2025-40; Ch. 2025-166; Ch. 2025-175; Ch. 2026-14; Ch. 2026-168; Ch. 2026-174 (SB 1452)