June 1st marks the beginning of the 2014 hurricane season, and is only days away. Weather forecasters from Colorado State University predict a below average hurricane season. They anticipate that nine tropical storms will form but that only three will develop into hurricanes, “it only takes one landfall event near you to make this an active season”, says meteorologists Philip Klotzbach of Colorado State University’s Tropical Meteorology Project. So, is your association prepared for this hurricane season?
It is important that association’s board of directors ensure that the association’s insurance policies are in place and that the board understands the association’s coverages and deductibles. It is important that the board of directors of a condominium association understand that, pursuant to section 718.111(11) of the Condominium Act, they must use their “best efforts” to obtain and maintain adequate insurance to protect the association, the condominium property and the common elements.
Even though a hurricane may pass in a matter of hours, the effect of a hurricane can last for days, weeks or even months depending on the strength of the hurricane and the damage it leaves in its wake. After a storm has passed it is important that the board members survey the damage caused by the storm. Some great tools for the association’s board, after a hurricane, are walkie-talkies, a disposable camera, a notepad and a pen or a pencil to take notes (remember, we used to use these things before our smart phones! No Power = No smart phones, too!). These tools will help board members keep in contact with one another after a storm and will help the board document any damage to the condominium property for insurance purposes.
If you haven’t done so already, the association should adopt a written hurricane plan. On a related note, the association should create and distribute to its board members a list of trusted vendors, including the contact information for each vendor. This can really come in handy in the event damages are sustained. Such vendors may include, to name just a few, restoration specialists, landscapers, plumbers, electricians, insurance contacts, including the association’s insurance agent’s contact information. Additionally, board members should know how to locate electrical meters, fire system panels, water shutoffs and any other relevant property features are located and how to operate such features.
Pursuant to section 718.111(5), Florida Statutes, a condominium association has “the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.” Access to units is of particular importance in the event of a storm. Condominium associations should ensure that it has keys to access each unit. All associations should ensure they have accurate contact information for each of its owners.
There are several simple things an association can do to help prevent damage to the property in the event of a tropical storm or hurricane. Trees, although beautiful, can cause a great amount of damage in a storm. Associations should make sure that the palms and other trees located on the condominium property are properly trimmed in advance of hurricane season. Anything that can fly around should be stowed away, such as roof tiles and patio furniture. Associations should also adopt rules and regulations which provide for what unit owners must do in the event of a tropical storm or hurricane, such as hurricane shutter use. With regard to an association’s official records, hard copy records, such as insurance binders, member contact information, bank account information, etc., can be stored in water tight containers and should be backed up on an external hard drive and with a cloud-based data storage service.
It is important that the board members remain in contact with each other in the event of a tropical storm or hurricane and, above all, to keep an open line of communication with its unit owners. Unit owners should be informed of the status of the property and the actions the board of directors is taking to repair or replace any damaged condominium property. Hurricane events are stressful. Communication is key!