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DBPR Emergency Order Changes Eff June 2020

This order lifts the State’s March 27, 2020 extension of emergency powers of associations, effective June 1, 2020. 

While the legality of the original order extending association emergency powers was in question, the new order renders that question moot as of June 1, 2020.

What does this mean more simplified?  While the Governor’s order declaring a State of Emergency through early July arguably provides associations with great emergency powers, those emergency powers were originally written for purposes of dealing with post-hurricane related issues.  Those powers do not really fit the circumstances related to the COVID-19 pandemic. 

As a result, in late March, the DBPR, which has oversight  over condominium associations and homeowners’ associations, extended those statutory emergency powers to the COVID-19 pandemic.  (The authority of the DBPR to do that was in question, but most associations and their managers and lawyers embraced that authority under the circumstances.  It simply helped give associations cover to close their amenities under the guise of a state of emergency.) 

The rescission of that order extending association emergency powers yesterday means that, effective June 1, 2020, the DBPR will more narrowly view a community association’s emergency powers—so they are really limited to circumstances one would find after a hurricane.

Under the circumstances, as of June 1, 2020, associations really should open amenities; however, they must still limit the number of people using them to ensure social distancing, and critical hygiene practices must be in place. 

~ Nicki Asmer, Esq

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