Florida hurricane season starts June 1, which means every board and CAM in the state has roughly five weeks to do the work that determines whether their community survives the next Ian, Helene, or Milton intact — financially, structurally, and legally. The 2022-2024 storm cycle produced $200,000-per-unit special assessments at Bay Beach Lane in Fort Myers Beach, a 33% claim-denial rate after Helene, the first time the National Flood Insurance Program had to exercise federal borrowing authority since 2017, and the loss of an entire EF3-tornado-flattened retirement community at Spanish Lakes Country Club Village. It also produced enough lawsuits, statutory amendments, and Fannie Mae warrantability changes that the 2026 hurricane checklist looks different from the 2024 one in several material ways.
This guide is the full operational and legal playbook a Florida board president or community association manager needs to run the building through hurricane season. It walks the statutory framework first, then the 6-week pre-season audit, the in-season cadence, the 5/3/1 storm protocol, the 24-72 hour aftermath, and the financing options when the deductible exceeds the reserves. Pair it with our Florida condo SIRS reserve funding guide for the structural-reserves intersection, our HOA loans guide for the post-storm financing mechanics, and our HOA banking guide for the cash-management infrastructure that determines how fast you can mobilize.
This article is general information for Florida HOA and condo boards and CAMs, not legal, insurance, or tax advice. Florida community-association statutes are amended in nearly every legislative session — verify any specific subsection at flsenate.gov before relying on it. Consult a licensed Florida community-association attorney and your insurance broker for guidance on your association's specific situation.
Why 2026 is different
Three things have changed since the last time most Florida boards refreshed their hurricane checklist.
The 2022-2024 storm cycle reset the financial baseline. Hurricane Ian produced $112.9 billion in total damage and 738,441 claims, the most expensive Florida hurricane in history. Hurricane Helene in September 2024 was the strongest storm to hit Pinellas County in over 80 years, generating roughly 22,000 NFIP claims for an estimated 40,000 affected properties — a flood-insurance gap of close to 45%. Hurricane Milton three weeks later spawned 46 confirmed tornadoes including three EF3s. Citizens Property Insurance alone paid $823 million for the 2024 hurricane season. The combined Helene-Milton denial volume forced FEMA to exercise NFIP borrowing authority for the first time in seven years.
The Florida statute book has been rewritten. HB 1021 (2024) restructured the condominium reserve regime around the Structural Integrity Reserve Study and added an annual hurricane-protection disclosure obligation. HB 1203 (2024) overhauled HOAs, expanded FS 720.3045 to protect owner installation of impact windows and reinforced roofs, and criminalized the kind of board misconduct that surfaced after Ian. HB 913 (2025) extended the SIRS deadline, expanded condo emergency powers to cover SIRS reserve usage during habitability emergencies, and authorized loans, lines of credit, and special assessments as SIRS funding mechanisms with majority member approval.
The mortgage-finance rules tightened. Effective July 1, 2026, Fannie Mae and Freddie Mac will refuse to finance units in projects whose master policy carries a per-unit deductible above $50,000. The new Fannie Mae Selling Guide LL-2026-03 released March 18, 2026, also restored the option to insure roofs at actual cash value rather than full replacement cost — relief on premiums but a new claim-time exposure boards must understand. Reserve funding minimums rise from 10% to 15% of annual budget effective January 4, 2027, and the baseline funding method retires August 3, 2026.
Five weeks is not a long time to refresh insurance, sign emergency vendor pre-contracts, run a tabletop drill, update the owner roster, test the communication tree, document a baseline photo walk of every common area, and get the board's written hurricane plan adopted at a noticed meeting. Boards that start in mid-May find themselves still on the to-do list when the first June Atlantic disturbance pops up. Start now, work backwards from June 1, and treat April-May as pre-season camp — not a fire drill.
The legal framework
Five statutory provisions drive almost every hurricane decision a Florida board makes. Get these wrong and the lawsuits write themselves.
FS 718.1265 (condo) and FS 720.316 (HOA) — emergency powers
The condo emergency powers statute and the HOA equivalent activate when the Governor declares a state of emergency under Chapter 252 of the Florida Statutes — which happens for every hurricane that threatens Florida landfall, typically several days before the cone arrives. Once activated, the board may, without a member vote:
- Conduct board meetings on shortened or no notice and ratify decisions later
- Cancel or reschedule any noticed meeting
- Designate assistant officers who are not directors for the duration of the emergency
- Relocate the association's principal office
- Enter agreements with local government for emergency services
- Implement the disaster plan, including shutting off utilities, security systems, and elevators to mitigate damage
- Determine that portions of the property are unavailable for entry or occupancy to protect health, safety, or welfare
- Require evacuation when there is a mandatory government evacuation order, with statutory immunity for owners who refuse
- Determine whether the property can be safely inhabited based on the advice of licensed professionals
- Mitigate further damage, including contracting on behalf of owners for removal of damaged property
- Levy special assessments without a member vote when needed for emergency-related expenses
- Borrow money and pledge association assets as collateral, without member approval
Three boundaries matter. Emergency powers exist only as long as necessary to respond to the emergency — courts have read this narrowly post-Surfside. Every emergency action must be ratified at the next noticed regular board meeting, and HB 1203 made that ratification a noticed agenda item rather than a buried minute. Emergency assessments must be applied to emergency-related expenses, not used as a backdoor to fund routine deferred maintenance.
FS 718.111(11) — condo insurance requirements
The condo insurance statute requires "adequate property insurance based on replacement cost," determined every 36 months by independent appraisal. Carriers in 2025-2026 are strictly enforcing the 36-month rule and rejecting renewals without a current appraisal on file. The master policy must cover all condominium property as originally installed or replacement of like kind and quality, plus fidelity bonding for everyone who controls association funds. Wind coverage is part of "property insurance" — there is no statutory exclusion. Flood insurance is not statutorily required at the master level under 718.111(11), but lenders require it for any building in a Special Flood Hazard Area, and HB 1021 made flood disclosure on the annual financial report increasingly explicit.
HOAs governed by Chapter 720 do not have an equivalent dollar-replacement-cost mandate at the same statutory specificity, but the board's fiduciary duty under FS 720.303 and the governing documents almost always impose the same coverage in practice.
FS 627.70132 — claim notice deadlines
Florida tightened hurricane claim notice in 2022 with SB 2-A. Initial notice of a hurricane claim must now be given to the carrier within 1 year of the date of loss (down from 2 years). Supplemental claims must be filed within 18 months (down from 3 years). The insurer must acknowledge within 7 days and pay or deny within 60 days, extended to 90 days during a Governor-declared emergency. Miss the deadline and the claim is gone. After a major storm, file the notice immediately even if the damage is still being assessed — supplements can come later, but the initial deadline does not bend.
FS 626.854 — public adjusters
Public adjuster fees in Florida are statutorily capped at 10% of insurance proceeds for claims arising during a Governor-declared emergency (covers virtually every hurricane), and 20% for non-emergency claims. The 10% cap applies for one year after the emergency declaration. Public adjusters cannot base fees on additional living expense payments unless separately and affirmatively agreed with prescribed disclosure, and cannot increase the fee solely because the claim becomes litigated. Assignment-of-benefits abuse is effectively dead — HB 837 (2023) and prior reforms eliminated the contractor-attorney machine that drove post-Ian denials.
FS 720.3045 — owner hurricane-protection rights (HB 1203)
Effective July 1, 2024, FS 720.3045 prohibits HOAs from prohibiting installation of hurricane protection that conforms to the Florida Building Code, including hurricane shutters, impact-resistant windows and doors, impact-resistant garage doors, and reinforced roofs. The HOA may adopt and enforce specifications governing type, style, color, and installation method, but the specifications cannot effectively prohibit installation, and they must be adopted by majority board vote and published. Owners cannot be required to remove pre-existing hurricane protection that was lawful when installed. HB 1203 expanded the protected list and required HOAs to publish architectural specifications to owners.
For Florida condos, HB 1021 added an annual disclosure obligation: the board must inform owners each year of the hurricane protection installed on the property and any plan to install additional protection. This intersects with the SIRS report (roof, exterior waterproofing, windows, exterior doors are SIRS items) and the annual financial report. Boards now routinely fold all three into a single hurricane-and-structural-readiness package distributed before June 1.
Pre-season insurance audit
The single highest-leverage thing a board does before June 1 is sit down with the broker and verify, line by line, what the master policy actually does. The Florida insurance market in April 2026 has stabilized — 17 new property carriers entered the state in January and February alone, Citizens depopulation is moving roughly 428,000 policies into the private market, and Florida Peninsula filed an 8.4% homeowners and 12% condo unit-owner rate cut for April. But premium relief does not equal coverage adequacy.
Verify each of the following against the bound policy:
| Item | What to confirm | Why it matters |
|---|---|---|
| Replacement-cost appraisal | Independent appraisal completed within last 36 months | Carriers reject renewal without it; co-insurance penalty if undervalued |
| Wind / named-storm deductible | Exact dollar amount, trigger language (calendar-year vs per-event, named storm vs hurricane vs wind) | 5% of $40M = $2M out-of-pocket before insurer pays $1 |
| Per-unit deductible | Maximum $50,000 per unit for Fannie/Freddie warrantability after July 1, 2026 | Exceed it and units become non-mortgageable |
| Ordinance and Law (A/B/C) | Coverage for code-mandated upgrades during reconstruction | Critical post-Surfside — funds hurricane straps, sprinklers, hardening |
| Loss of Assessments (master) | Amount carried at master level; encourage owners to carry $25K-$50K on HO-6 | FS 627.714 statutory minimum is only $2,000 — owners blindsided by special assessments |
| Loss of Use / ALE / Business Income | Lost rents, lost amenity revenue, alternate housing for displaced offices | Reconstruction can take 6-24 months; cash flow gap kills associations |
| D&O coverage during emergency | Defense-cost sublimit; coverage of decisions under FS 718.1265 emergency powers | Owner lawsuits post-storm are the single largest D&O exposure |
| Flood (NFIP RCBAP + private excess) | RCBAP caps at lesser of 100% RC or $250K per unit; private excess fills the gap | Wind is not flood; storm surge is flood; lender may require it |
| Fidelity / crime bond | Adequate for maximum funds on hand including reserves | Statutorily required for everyone who controls funds |
| Claim notification clauses | Carrier-specific notice requirements (often 60-day windows) | Stricter than the 1-year statutory floor |
If the policy fails any of these, fix it before June 1. Mid-season binding is increasingly difficult and expensive. The Florida Office of Insurance Regulation publishes the carrier eligibility list, and the Florida Surplus Lines Service Office maintains the surplus-lines roster for non-admitted markets. Brokers worth using will provide a side-by-side coverage spreadsheet across at least three markets plus Citizens as benchmark, hold the CIRMS designation, write a coverage opinion letter on Fannie/Freddie warrantability, and bring a claims advocate as part of the engagement.
The 6-week pre-season checklist
Work backwards from June 1. Six weeks is the minimum that reliably gets a community ready; eight is comfortable.
Day -45 (mid-April) — adopt the plan
- Hold a noticed board meeting and adopt or refresh the written hurricane plan covering before-storm, during-storm, and after-storm phases
- Assign director roles in writing — President for external comms, VP for owner alerts, Treasurer for emergency contracting authority up to a pre-set cap, Secretary for the timestamped incident log, at-large for physical inspection lead
- Insurance review with broker — see audit table above
- Reserve check — document liquid cash position; if deductible exceeds reserves, draft pre-authorized special-assessment language and identify a line-of-credit lender now
- Document backup — governing docs, current owner roster, vendor contracts, certificates of insurance, financial statements, prior board minutes uploaded to encrypted cloud storage AND a physical thumb drive held by two directors who do not live next door to each other
Day -30 (early May) — sign the vendor pre-contracts
Pre-storm vendor selection is the biggest difference between communities that recover well and communities that get scammed. Sign retainer or "first call" agreements with each of these:
| Category | Required credentials | Pre-contract terms |
|---|---|---|
| Roofing / board-up | FL state license (CCC for roofing, CGC/CRC for general); GL + WC insurance; bonded; verify on MyFloridaLicense.com | Locked unit pricing; priority-list inclusion; 24/7 emergency phone |
| Water mitigation | IICRC WRT + ASD certification; FL mold remediator license per FS 468.84; firm-level IICRC certification | Hourly + equipment-day rate cap; 24-hour mobilization SLA |
| Restoration / reconstruction GC | FL CGC license; minimum 5 years FL hurricane experience; 3 condo/HOA references | Cost-plus with GC fee cap; lien-release process; insurance-billable rates |
| Tree service | FL Arborist (ISA-certified preferred); GL insurance; chipper truck with grappling | Stump grinding included; debris hauled to right-of-way |
| Generator service | Manufacturer-certified tech; EGSA certification preferred | Annual PM + 24-hour post-storm visit; loaner generator option |
| Public adjuster | FL public adjuster license; FAPIA member preferred; condo-claim experience | Fee cap at statutory 10% during emergency; written engagement letter |
| Insurance broker | FL 220 general lines license; community association specialty book | Annual renewal review; named-storm deductible written into proposal |
Common-element prep happens in parallel:
- Test hurricane shutters floor by floor; document broken or missing units
- Run generators under load for 30 minutes; top fuel to capacity; stock spare filters
- Clear storm drains, scuppers, gutters; inspect roofs
- Prune palm trees, especially coconuts and sabals which become projectiles in 100+ mph winds
- Service pool equipment; rehearse the pump-down procedure
- Confirm elevator pre-storm protocol with the elevator vendor (park at top floor, kill power)
- Inspect mechanical rooms, pump rooms, electrical service entrances
Day -14 (mid-May) — communication tree drill and resident registry
- Test every communication tier: SMS broadcast, voice broadcast, email, portal push, bulletin board posting
- Verify every owner contact is current; Florida law allows email notice ONLY if the owner has consented in writing under FS 617.0141
- Identify residents who would qualify for a county Special Needs Shelter; direct them to register at floridadisaster.org by June 1 — applications close 72 hours before tropical-storm-force winds
- Photo and video baseline walk of every common area with date stamps; stored to cloud — your insurance-claim baseline
- Tabletop drill with the board and CAM, walking through a hypothetical Cat-3 landfall
Day -7 (late May) — owner pre-season letter
Send a single authoritative letter to all owners covering: the master policy does not cover unit interiors or personal property — owners need an HO-6; loss-assessment coverage at $25K-$50K is strongly encouraged; hurricane shutter and impact-window rules per the published architectural specs; pet plans (most county shelters now accept pets only if pre-registered); evacuation zones (lookup at floridadisaster.org); important documents in a waterproof bag plus cloud copies; self-inventory video of each unit; and the authoritative association communication channel during a storm.
Confirm board emergency authorization protocols in writing: chain of authority President → Vice President → Treasurer for emergency contracts, Treasurer's pre-set spending cap before requiring board ratification, and the procedure for an emergency board meeting on shortened notice under FS 720.303(2) and FS 718.112(2)(c).
Active season cadence
Hurricane season runs June 1 to November 30. The dangerous window is roughly August 20 to October 10, when sea-surface temperatures peak and African easterly waves are most active. Maintain the following cadence:
Daily during active threat
- Designated director or CAM monitors the National Hurricane Center at nhc.noaa.gov
- Local National Weather Service office
- County emergency management feeds
- Florida Division of Emergency Management at floridadisaster.org
Weekly during quiet periods
- Verify generator fuel and run under load monthly
- Visual scan of common areas, drains, shutters
- Update owner-contact roster as residents move in or out
- Re-test communication tree quarterly
Hold a June 1 board meeting that publishes the year's hurricane plan, confirms vendor contacts, and reminds owners. Schedule a mid-August reminder before the peak window. Invite the county emergency management office, the insurance broker, and the lead restoration vendor to a town-hall in May or early June so owners hear the same messaging from multiple authorities.
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- Keep yourself compliant on every statute change
- Keep your board compliant across every workflow
- Keep your HOA compliant and your owners happy
The 5/3/1 storm protocol
Once a storm enters the National Hurricane Center cone, the board's job is sequenced execution. The five-three-one rule is the industry-standard cadence used by Florida community-association attorneys, including Becker and Kaye Bender Rembaum, in their post-Ian client guidance.
Day 5 — in cone
Internal board notice goes out. Pre-mobilize vendors. Confirm owner contacts are current. Verify the Governor has issued or is likely to issue a state of emergency for the affected counties — emergency powers under FS 718.1265 and FS 720.316 do not activate without it. The NHC five-day cone holds the storm center only 60-70% of the time, so do not over-react, but do begin staging. NHC's 2026 experimental cone uses ellipses rather than circles to better reflect along-track speed error.
Day 3 — Hurricane Watch territory
First owner alert through the authoritative channel: storm in cone, here is what we are doing, here is what you should do. Deploy non-permanent shutters. Pump pools down 12-18 inches. Secure pool furniture, BBQs, signage, golf carts, dock equipment, anything that can become airborne in 75+ mph winds. Top off generators and spare fuel cans within legal storage limits. Confirm elevator pre-storm protocol time. Pull final accounting backup off-site.
Day 1 — Hurricane Warning
Second owner alert: final evacuation timing, shelter-in-place rules, elevator shutdown time, water-shutoff plan, post-storm assembly point. Hold an emergency board meeting under shortened notice if needed to ratify any spending the President will authorize alone — meetings can be virtual under FS 718.1265(1)(a). Make sure the timestamped incident log has begun. Re-confirm all login credentials are accessible to at least two directors.
Hours out
Third owner alert: boil-water guidance, who NOT to call (do not flood the management number with non-emergencies), hold-time for "all clear." Park elevators at top floor. Shut down non-critical electrical loads. Close and lock all common-area buildings. Final shutter check.
The 72-hour aftermath
The first 72 hours after the storm passes are when most boards make their biggest mistakes. Slow down, document everything, and run the sequence in order.
Hour 0-12 — initial damage walk and accountability. Two directors plus the CAM walk every common area with photo and video, date-stamped. Do not move debris yet beyond what is required to enter buildings safely — moving evidence damages claims. Run the owner-accountability check through the phone tree. Document any structural issues, water intrusion, missing roof, broken windows, downed wires, debris.
Hour 12-24 — first notice of loss. Call the carrier and file the FNOL even if the damage assessment is incomplete. Florida's FS 627.70132 tightened the initial notice window to 1 year, the supplemental window to 18 months, and requires the insurer to acknowledge within 7 days and pay or deny within 60 days (90 in declared emergency). File first, refine later. Roll the pre-contracted water-mitigation, board-up, and tarp vendors immediately — Florida policies impose a duty to prevent further damage, and uncovered water damage compounds into mold within 48-72 hours.
Hour 24-72 — fraud-proof the recovery. Florida post-storm fraud is a documented crisis. After Helene and Milton, the Florida Attorney General filed multiple actions against contractors, including Florida Roof Specialists, WM Roofing, FamilyFirst Roofing, and impersonators of legitimate firms. Defenses for the board:
- Verify every contractor's license at MyFloridaLicense.com — the FL DBPR contractor lookup
- Never pay full upfront; never sign an Assignment of Benefits without legal review (post-HB 837, AOBs are largely dead but predatory contractors still try)
- Demand written contracts with right-to-cancel
- Demand lien releases from subcontractors before final payment
- Be wary of door-knocking "free inspection" offers
- Report scams to the Florida AG at 1-866-9-NO-SCAM
Decide on the public adjuster within the first week. PAs are valuable for large claims (over $250K), complex coverage allocations, depleted in-house bandwidth, or when the carrier's first-pass adjustment is materially under the apparent loss. Skip them if the claim is straightforward, under deductible, or your broker is already advocating effectively. Fee cap is 10% of proceeds during a declared emergency, contingency only, written engagement letter required.
Recovery financing
The deductible-versus-reserves gap is the financial crisis at the heart of every major Florida hurricane. A 5% wind deductible on a $40 million property is $2 million out of pocket before the insurer pays a dollar. Florida boards have four real options to bridge it.
Emergency special assessment. Under FS 718.1265(1)(k) and FS 720.316(1)(k), the board may levy a special assessment for emergency-related expenses without a member vote. Speed advantage but cash-flow shock for owners. Post-Ian, single-shot special assessments at Bay Beach Lane in Fort Myers Beach reached $200,000 per unit.
Emergency borrowing. Under FS 718.1265(1)(l) and FS 720.316(1)(l), the board may borrow money and pledge association assets without a member vote. Spreads the cost over years. See our HOA loans guide for the structural mechanics — pledge of assessments, lien priority, covenants, prepayment penalties — and our how to get an HOA loan in Florida guide for the procurement workflow.
SBA disaster loan. After a presidentially declared disaster, the SBA Business Physical Disaster Loan program is available to HOAs and condos as private nonprofits. Up to $2 million, low fixed rate (recent storms priced at 2.875% for nonprofits), 30-year terms, 12-month payment deferral. Critical: HOAs are NOT generally eligible for FEMA Public Assistance, and FEMA does not reimburse private-road debris removal — the SBA loan is the primary federal vehicle.
HB 913 reserve mechanism (condos only). For SIRS-required condos, HB 913 (2025) authorizes funding through "regular assessments, special assessments, a line of credit, or a loan" with majority member approval, with funds immediately available without further member action once approved. Designed precisely to address the post-storm reserve-replenishment crunch on top of routine SIRS funding.
Best practice: a dedicated insurance-deductible reserve sub-account funded over multiple years pre-storm, plus a standby line of credit, plus the legal infrastructure ready to special-assess if both prior buckets are exhausted. Community Associations Institute guidance and major Florida community-association firms have been pushing this layered approach since Ian.
Lessons from Ian, Helene, Milton
Three storms produced more case-study material than the prior decade combined. The patterns that distinguish boards that recovered well from boards that did not:
What failed
Bay Beach Lane, Fort Myers Beach (Ian, 2022). Multiple buildings hit with $200,000+ per-unit special assessments because reserves were inadequate, deductibles were aggressive, and ordinance-and-law coverage was missing. Monthly maintenance fees rose by up to $2,000 per unit. Many owners were forced to sell at distressed prices. Pavese Law's analysis traces the cascade.
Dockside Condos (Ian, 2022). Board approved $1,000-per-month special assessments and communicated them through 2-4 emails per day, in violation of bylaws requiring mailed notice or posted bulletin board. Lost the resulting legal challenge. Lesson: emergency powers do not suspend governing-document compliance for procedural matters that are not specifically addressed in the emergency-powers statute. Ratify the communication channel before June 1.
Pinellas barrier islands (Helene, 2024). Roughly 22,000 NFIP claims for an estimated 40,000 affected properties — a flood-coverage gap of about 45%. The wind-versus-flood causation dispute drove a 33% claim denial rate. Many associations had wind coverage but no flood; storm surge is flood, not wind, even when the surge arrives during a hurricane.
Spanish Lakes Country Club Village, Lakewood Park (Milton tornado outbreak, 2024). 20+ mobile homes destroyed, all six confirmed tornado fatalities of the storm. Concrete structures survived; mobile homes did not. The lesson is structural, not procedural — but it forced a generation of Florida communities to rethink storm-shelter assumptions for residents in less-substantial construction.
What worked
- Pre-storm formal hurricane plans customized to building layout and adopted at noticed board meetings
- Loss-assessment coverage encouraged universally on owner HO-6 policies
- Pre-existing relationships with public adjusters and construction attorneys before the storm hit
- Verified emergency-powers triggers — confirming the Governor's order applied geographically and remained in effect
- Early SBA disaster-loan applications, with EIN, governing docs, and damage assessment ready to file within 30 days of the disaster declaration
- Single authoritative communication channel — boards that broadcast through one channel held legal ground; boards that improvised did not
- Written incident logs maintained in real time, with date-stamped photos, calls logged, decisions documented
The compounding effect across Ian, Helene, and Milton produced the legislative response of HB 1021, HB 1203, and HB 913 — and the Fannie Mae rule changes effective in 2026. The boards that read those statutes alongside their own master policy and reserve study before June 1 are the ones whose communities will absorb the next storm without losing owners to forced sales. For the broader operational discipline that supports hurricane readiness all year, pair this guide with our HOA banking needs guide, our HOA financial evaluation guide, our milestone inspection guide, and our SIRS reserve funding guide. Nolo's HOA legal encyclopedia and the Florida Bar consumer pamphlet are useful plain-English references for owners. Every meaningful hurricane decision should run past the association's licensed Florida community-association attorney before the board votes.
Frequently asked questions
Once the Governor declares a state of emergency under Chapter 252 of the Florida Statutes, condo boards under FS 718.1265 and HOA boards under FS 720.316 may meet on shortened or no notice, levy emergency special assessments without a member vote, borrow money and pledge association assets without a member vote, contract for emergency repairs and debris removal, shut off utilities to common areas, close portions of the property, require evacuation of mandatory-evacuation areas, and engage public adjusters. Powers last only as long as necessary to respond to the emergency, and the board must ratify all emergency actions at the next noticed regular board meeting.
Florida law does not impose a single statutory mandate that says every HOA must publish a written hurricane plan. However, a board's fiduciary duty under FS 720.303 and FS 718.111(1), the insurance procurement obligations under FS 718.111(11), the emergency-powers framework under FS 720.316 and FS 718.1265, and the post-HB 1021 hurricane-protection annual disclosure for condos all combine to make a written, board-adopted hurricane plan effectively required as a matter of practice. Boards without one have lost litigation alleging breach of fiduciary duty after major storms.
Under FS 718.111(11), the condo association's master policy must cover the building as originally installed, including common elements, structural components, and limited common elements that come with the unit. The unit owner's HO-6 policy covers personal property inside the unit, post-original alterations and improvements, floor and wall coverings beyond the original specification, and loss-assessment coverage for any special assessment levied to fund the master deductible. The two policies meet at the original-installation line, which is one of the most-litigated boundaries in Florida community-association law. For HOAs governed by Chapter 720, the line is set by the declaration, not the statute.
Yes, but only when there is a mandatory evacuation order issued by a county or municipal emergency management official. Under FS 718.1265 and FS 720.316, the board may then require evacuation of the condo property or HOA common areas, and the association is statutorily immune from liability for any injury or damage suffered by an owner who refuses to evacuate. The board cannot independently require evacuation absent a government order. Communicating the evacuation order quickly and through the association's authoritative channel is the board's job, not deciding whether to issue one.
Florida HOAs and condos have four practical options when reserves do not cover the deductible. First, levy an emergency special assessment under FS 718.1265 or FS 720.316, which does not require a member vote during a declared emergency. Second, borrow money under the same emergency powers, also without a member vote, secured by an assignment of future assessments. Third, after a presidentially declared disaster, apply for a Small Business Administration disaster loan, available to nonprofit HOAs at low interest with up to 30-year terms and a 12-month payment deferral. Fourth, under HB 913 effective in 2025, condo associations subject to a Structural Integrity Reserve Study may use loans, lines of credit, or special assessments to fund SIRS reserves with majority member approval. Most boards layer all four. The best practice is a dedicated insurance-deductible reserve sub-account funded over multiple years before the storm hits.
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