MAY 29, 2018 by Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.Article authored by:  B. Michael Clark, Jr. and Susan C. Odess After Hurricane Irma made landfall in Florida last year, many property owners were surprised at how unfamiliar they were with the property insurance claim process — mainly because of Florida’s remarkable hurricane-free streak. However, the 2017 Atlantic hurricane season marked the end of that winning stretch, catapulting many Floridians who experienced property damage into insurance claim purgatory. By now, community associations, business owners and homeowners who filed a claim relating to Hurricane Irma damage should have heard back from their insurer as to whether their claim was denied, determined to be under the deductible or fully covered. For many policyholders, their insurer’s coverage decision came back as a disappointing slap in the face, leaving them as discouraged as they felt after receiving the pricey estimates

Whether you are a snowbird heading north in order to avoid Florida’s brutal summer heat or a family getting ready to travel for the summer, there are ways you will want to safeguard your residence before taking off. Florida’s near-tropical summer climate makes humidity control, flood protection and mold and mildew prevention three areas of concern for every absentee homeowner – whether you are gone for the season or just a month or two. If you are a part-time Floridian or a hardcore summer traveler, here are some important home closing procedures to help you protect your property. Monitor Your Electricity and Water Bills for Unusual Variances Monitor your usage while you are away and check for any unusual changes in energy usage. For example, a variance in your electric bill could indicate an appliance or A/C malfunction. Humidity Summer in Florida means oppressive heat and very high levels of

Last year, after Hurricane Irma came and went, many Community Associations were looking at cleanup and repair costs that exceeded their expectations – and budgets. How do Associations pay for storm damages and repair bills when they come due? There are basically three ways to pay these bills: Borrow from the bank, raise the regular assessments in the coming years’ budget, or levy special assessments. Most Associations don’t want to pay bank interest unless necessary, and they also don’t want to raise regular assessments that much from year to year, so the most frequently chosen method used to fund these unforeseen expenses is through levying special assessments. Post 2005 (Hurricane Wilma), the Florida State Legislature enacted broad emergency powers for Community Association boards to use after hurricanes to address these types of issues. For Condominium Associations, it is Section 718.1256, Florida Statutes; and for Homeowners Associations, it is Section 720.316,

Start Planning for a Disaster Now Consider this scenario: You are a board member for a Condominium Association that represents over 300 residents in a condominium complex consisting of two towers. In the early hours of a Thursday morning, you are awakened by a loud knocking at your door. You open it to find a frantic resident telling you that a building is aflame and the fire department has begun to evacuate people. You get dressed and go outside to see four units are actively burning and others significantly damaged. What are you going to do? As a board member, do you have a responsibility to take action? Do you know the plan? Disasters, natural or man-made, occur with alarming regularity. Disasters can occur without warning at any time of the day or night. There are many ways a disaster can detrimentally affect a community. Just like in the above

After experiencing Hurricane Irma last year, many questions arose during preparations for the storm and after the storm made landfall relating to insurance coverage for damages caused to a community’s buildings, common areas and other property, as well as to individual condominium units. As a Board Member and/or resident living in a Condominium Association, it’s important to know the details and limits of the Association’s insurance policy. In the aftermath of Hurricane Wilma (2005), the issue arose in the context of insurance coverage disputes where condominium associations made claims under their property insurance policies while the unit owners simultaneously made claims under their homeowners insurance policies for the same storm resulting in the denial of their claims by the competing insurance companies. Why? Because under the association’s insurance policy it claimed that the unit owners homeowners insurance company was responsible and vice versa. In order to provide clarity relating to