Hurricane Restoration Contracts for Condos

Jason Hamilton Mikes, JD, MBA
Founder & Managing Shareholder

Published September 22, 2026
Updated September 23, 2026
Reviewed by Jason Hamilton Mikes, JD, MBA, September 23, 2026
Florida Statutes as of July 1, 2026
Applies to: Condominiums · HOAs · Cooperatives · Mobile home communities

Key takeaways

Post-storm contractor forms are drafted to shift every risk to the association. Sign only a limited emergency mitigation authorization on storm day, and bring the full contract to counsel.
Assignments of insurance benefits are prohibited for policies issued on or after January 1, 2023; roofing contractors may not offer to waive or pay deductibles; unlicensed contractors cannot enforce their contracts; price gouging during a declared emergency is unlawful.
Every restoration contract should fix scope, unit pricing, payment tied to verified progress and lien releases, insurance and license verification, the association's control of its insurance claim, and a right to terminate.
In two separate post-Ian cases, Hamilton Mikes obtained a $368,000 judgment for Windsor West Condominium Association against ShieldTech Roofing Solutions, a roofer that demanded advance payments in violation of Florida law, and defended the association against a $1.4 million claim by Eco Roof & Solar that settled for a nominal $25,000.

After a hurricane, a Florida association's largest avoidable losses come not from the storm but from the contracts signed in the weeks after it. Restoration and roofing agreements arrive pre-printed, favor the contractor on every term, and are presented as take-it-or-lose-your-place-in-line. Florida law now prohibits several of the worst practices, including assignments of insurance benefits and roofer deductible schemes, and a board that verifies licensure, controls its insurance claim, ties payment to verified progress and keeps a right to terminate will recover faster and litigate less. The firm's $368,000 judgment for Windsor West Condominium Association against one roofing contractor, and its defense of the same association against a separate $1.4 million contractor claim, show what is at stake.

The Windsor West cases

Two matters Hamilton Mikes handled for Windsor West Condominium Association after Hurricane Ian in 2022 show both sides of the problem.

In the first, Windsor West Condominium Association, Inc. v. ShieldTech Roofing Solutions, LLC, No. 24-CA-750 (Fla. 20th Cir. Ct. Jan. 25, 2024), the association had engaged a roofing contractor for roof replacement and executed an assignment of insurance benefits, then still permitted for its policy. Under Florida's assignment-of-benefits statute, a contractor holding an assignment looks to the insurer for payment and may not demand payment from the insured beyond the deductible and specified exceptions. The contractor nevertheless demanded advance payments from the association. Hamilton Mikes sued on the association's behalf, and on January 25, 2024 the Twentieth Judicial Circuit entered a $368,000 judgment against ShieldTech for violating Florida law.

In the second, Eco Roof & Solar, Inc. v. Windsor West Condominium Association, Inc., No. 23-CA-13235 (Fla. 20th Cir. Ct. Dec. 7, 2023), a mitigation and roofing contractor sued the association for $1.4 million. The firm defended the claim, and the matter settled for a nominal $25,000.

The lesson is not that the association did anything unusual. It signed what was put in front of it, in the first weeks after a Category 4 storm, when every board in Lee County was doing the same. The judgment recovered the money and the defense avoided a seven-figure liability; reviewed contracts would have avoided both lawsuits.

What Florida law now prohibits

Assignments of benefits. For residential and commercial residential property policies issued on or after January 1, 2023, post-loss assignments of policy benefits to contractors are invalid. Any contractor form containing an assignment, a "direction to pay," or language authorizing the contractor to negotiate with the carrier should be rejected. For older policies where an AOB may still be valid, the assignee's rights are limited and its demands on the insured are restricted, which is the rule ShieldTech broke in the Windsor West case.
Roofer solicitation and deductible practices. Section 489.147 prohibits roofing contractors from offering to waive, pay or rebate an insurance deductible, from soliciting owners to file roof claims through door hangers and similar advertising unless the advertisement carries required disclosures, and from performing roof inspections for insurance purposes without proper licensure. Violations are grounds for discipline and can void the contract.
Unlicensed contracting. A contractor who is not properly licensed for the work generally cannot enforce the contract or lien the property, and the association may recover what it paid. Verify every license number on the Department of Business and Professional Regulation's website, including that the qualifying agent is actually associated with the company on the contract.
Price gouging. During a declared state of emergency, charging unconscionable prices for essential goods and services, including repairs, is unlawful under section 501.160. Compare quoted unit prices to pre-storm norms and keep the comparison in the file.

The two-document approach

Boards should separate the emergency from the project.

Storm day: the emergency mitigation authorization. A one- or two-page document, approved by counsel before the season, authorizing specified emergency work (tarping, water extraction, drying, board-up, debris removal) at stated unit prices or hourly rates, with a not-to-exceed amount, daily logs and photographs, and no assignment or other rights beyond payment for the work performed. This is what the association signs when the contractor arrives at 7 a.m.

Weeks one through four: the restoration or roofing contract. Negotiated, reviewed by counsel and the association's engineer, and signed only after the carrier has inspected or agreed in writing that work may begin.

Terms every restoration contract should contain

Scope of work by reference to drawings, specifications or the engineer's scope, not "repair storm damage." Include manufacturer specifications and code requirements for roofing.
Price: fixed price or unit prices with quantities, allowances identified, and a written change-order procedure requiring the association's signature before additional work.
Payment tied to progress: payments on the engineer's or manager's verification of work in place, a retainage of at least ten percent held to completion, and every payment conditioned on partial lien releases from the contractor and its subcontractors and suppliers. No advance payments beyond a reasonable, documented mobilization or material deposit held under specified conditions.
Insurance and license: certificates naming the association as additional insured; workers' compensation for every worker on the property; license numbers in the contract; a representation that the contractor will remain licensed and insured through final completion.
The association controls its claim: an express statement that the association owns and controls its insurance claim, that nothing in the contract assigns policy benefits, and that the contractor will not communicate with the carrier except as the association directs.
Schedule with a substantial completion date, weather-delay rules, and liquidated damages or a termination right for unexcused delay.
Lien law compliance: the contractor's final payment affidavit, final releases from all lienors, and the association's right to withhold payment for unresolved notices to owner. Record a notice of commencement where required and post it.
Warranties: the contractor's workmanship warranty (two years is common for roofing) and the manufacturer's warranty in the association's name.
Termination: for cause on notice and cure, and for convenience with payment only for work actually performed, so that the association can change course if the carrier disputes the scope.
Dispute resolution: venue in the county where the property is located, Florida law, prevailing-party fees, and no jury waiver or arbitration clause the board has not consciously accepted.

Competitive bidding after a storm

Chapter 718 and Chapter 720 require competitive bids for contracts above five percent (condominium) or ten percent (HOA) of the annual budget, but except emergencies. The exception excuses the bidding formalities, not the judgment that goes into them. Where time allows, obtain at least two proposals even in the emergency; where it does not, document why and confirm pricing against the engineer's estimate before signing.

Red flags

Any one of these should stop the signing: a request to sign an assignment of benefits or direction to pay; an offer to "handle the deductible"; a demand for a large advance payment; a contractor from out of state without a Florida license number; pricing that cannot be compared to a scope; a contract that references the insurer's estimate as the price; pressure to sign before the adjuster inspects; and a refusal to provide certificates of insurance. The firm's experience is that the same contractors who pressure boards on day three are the ones who file the inflated claims in month twelve.

Frequently Asked Questions About Restoration Contracts

Can we hire a restoration company the day after the storm?

Yes, for emergency mitigation under a limited written authorization with unit pricing and a not-to-exceed amount. Sign the full repair contract only after counsel and the engineer have reviewed it and the carrier has inspected or agreed the work may begin.

The contractor says an assignment of benefits will speed things up. Should we sign it?

No. For policies issued on or after January 1, 2023, an assignment of post-loss benefits is prohibited and invalid. Even under older policies, an assignment hands your claim to the contractor. The association should control its claim and pay the contractor under a conventional contract.

How much of an advance payment is reasonable?

Generally none beyond a documented material deposit held under stated conditions. Payment should follow verified progress and lien releases. A contractor that demands substantial money up front is signaling a cash-flow or intent problem, and in the assignment context such demands violated Florida law.

Do the competitive-bid rules apply after a hurricane?

The statutes except emergencies from the formal bidding requirements. Boards should still obtain multiple proposals where time permits, compare pricing to the engineer's estimate, and document the reasons for the selection.

What if the contractor has already started and the contract is bad?

Stop further work under the bad terms, pay for work actually performed and verified, obtain lien releases for what has been paid, and replace the agreement with a reviewed contract or a new contractor. Counsel should handle the termination to avoid breach claims.

Can the association recover money it already paid to a contractor that violated the law?

Often, yes. Payments extracted in violation of the assignment-of-benefits, roofing-solicitation, licensing or price-gouging statutes may be recoverable, along with attorney's fees in some cases, as the Windsor West judgment against ShieldTech demonstrates. The sooner counsel is involved, the better the recovery.

Contact Hamilton Mikes

Hamilton Mikes reviews and negotiates restoration and roofing contracts for Southwest Florida associations, and pursues contractors that violate Florida law. Call 239-594-7227 before signing, or visit our Contract Management page.

Statutes and authorities referenced

§ 627.7152, Fla. Stat. (assignment of benefits; prohibited for policies issued on or after Jan. 1, 2023; assignee limits)
§ 489.147, Fla. Stat. (prohibited roofing contractor practices: deductible waivers, solicitation, unlicensed inspections)
§ 489.128 and § 489.127, Fla. Stat. (unlicensed contracting; unenforceability)
§ 501.160, Fla. Stat. (price gouging during a declared emergency)
§ 713.06, § 713.13 and § 713.20, Fla. Stat. (Construction Lien Law: notices to owner, notice of commencement, lien releases)
§ 718.3026 and § 720.3055, Fla. Stat. (competitive bidding; emergency exception)
Windsor West Condominium Association, Inc. v. ShieldTech Roofing Solutions, LLC, No. 24-CA-750 (Fla. 20th Cir. Ct. Jan. 25, 2024)
Eco Roof & Solar, Inc. v. Windsor West Condominium Association, Inc., No. 23-CA-13235 (Fla. 20th Cir. Ct. Dec. 7, 2023)

About this article. This article is published by Hamilton Mikes, P.A. for general educational purposes. It is not legal advice, it is not a legal opinion, and it is not a substitute for advice from a lawyer who has reviewed your association's governing documents and the facts of your situation. Reading it, downloading it, or corresponding with the firm about it does not create an attorney-client relationship. No such relationship arises until the firm and the client have signed a written engagement agreement. Please do not send confidential or time-sensitive information to the firm until a conflicts check has been completed and an engagement is confirmed in writing; information sent before that point may not be treated as privileged.

Scope and currency. This article addresses Florida law as applied to Florida community associations, and the firm is licensed to practice in Florida only. Nothing here should be taken as a statement of the law of any other jurisdiction. Florida's community association statutes have been amended in every regular session since 2021, and subsection numbering has moved more than once in that period. Each article states the edition of the Florida Statutes it was written against. The law may have changed after that date, an appellate court may have construed a provision differently, and an administrative rule or a local ordinance may impose requirements this article does not address.

Your governing documents control. Much of what governs a Florida association is not in the statutes at all. Declarations, articles of incorporation, bylaws, rules, plats and recorded amendments differ from community to community, and on many questions they set the rule while the statute sets only a floor or a default. A procedure that is correct in one association may be a breach of the documents in the association next door. No general article can tell you which is which for your community.

Why general information is not advice. Legal questions are resolved by applying the law to particular facts as a judge, jury, arbitrator or hearing officer finds them. An outcome that appears clear in the abstract frequently turns on the documents, the chronology, the board's own prior conduct, and the procedural posture, none of which an article can anticipate. A lawyer supplies what information cannot: the judgment to identify which facts matter, the experience to know how a court or the Division is likely to treat them, the ability to choose among the courses of action actually available, and the advocacy to carry the association's position through negotiation, hearing or trial.

The standard of care, and the protection the statute attaches to counsel. A director of a Florida community association is held to the standard in section 617.0830, Florida Statutes: to act in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and to discharge the duties of the office with the care an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances. That standard is measured against the decision the board actually faced, on the record actually before it. The same statute supplies the protection that goes with the duty. Under section 617.0830(4) and (5)(b), a director who has no knowledge making reliance unwarranted is entitled to rely on information, opinions, reports and statements prepared or presented by legal counsel retained by the association as to matters the director reasonably believes are within counsel's professional competence. The Legislature has written the prudent course into the statute. A board that obtains advice on its own documents and its own facts, and acts on that advice, is standing on ground the statute expressly protects. Nothing on this website confers that protection. General information, however carefully prepared, is not advice on your declaration, your amendments, your board's history or your dispute, and a director who relies on it in place of counsel forgoes a statutory protection that was available for the asking.

Personal exposure is real. Service on an association board is usually uncompensated, but volunteer status is not itself immunity. Under section 617.0834, Florida Statutes, a director or an officer is not personally liable in monetary damages for a statement, vote, decision, or failure to act in that role unless two things are both true: the director or officer breached or failed to perform the duties of the office, and that breach was a violation of the criminal law, a transaction from which the director or officer derived an improper personal benefit, conscious disregard or willful misconduct in a proceeding brought by or in the right of the corporation, or recklessness or bad faith in a proceeding brought by anyone else. That protection turns on how the director acted, not on whether the director was paid. Chapters 718, 719 and 720 add consequences of their own, including removal from office, civil penalties assessed against the individual for certain willful and knowing violations, and in defined circumstances criminal liability. Whether any of that reaches a particular director depends entirely on the facts and on the director's conduct. The practical point is narrower and more useful: the decisions that generate this exposure — levying an assessment, enforcing a covenant, denying a transfer, withholding a record, entering a unit, terminating a contract, signing for construction work — are precisely the decisions on which general information is least adequate, and on which counsel costs least relative to what is at stake.

No guarantee; prior results. The firm makes no representation or warranty that the information in this article is complete, current or applicable to any particular matter, and disclaims liability to any person for any action taken or not taken in reliance on it. Any description of prior results does not guarantee or predict a similar outcome in any other matter; every case turns on its own facts, documents and record.

Do not act on this article alone. If your association faces a decision of consequence, obtain advice from a Florida-licensed attorney who has read your governing documents and the relevant record before the board votes, signs, sends or forecloses. Hamilton Mikes, P.A. represents community associations throughout Southwest Florida and can be reached at 239-594-7227.

Restoration Contracts After a Hurricane: The Terms That Protect a Florida Association, and the Ones That Cost Windsor West