Published in Construction Defect Journal
In an article published on September 25 in the Construction Defect Journal, Ball Janik LLP Partner Franchesco “Frank” Soto and Associate Amanda L. Gonzalez advise condo and homeowner associations to be proactive and take steps to protect their communities this hurricane season in Florida! As associations conduct storm preparation reviews, the attorneys provide guidance on hurricane readiness plans, Chapter 558 process and remediation efforts, understanding storm surge zones, and implementing evacuation plans.
“All associations should have a plan of action to prepare for the impact of hurricanes, said Soto and Gonzalez. “Arguably, one of the most important aspects of a hurricane readiness plan is determining the chain of command – outlining who is responsible for preparing the plan and ensuring it is followed and carried out. Whether it is the association’s manager or a board of directors member, it is essential to identify the person(s) in charge of the readiness plan and ensure that those individuals tasked with following the plan are aware of the plan’s details when the storm approaches.”
Protecting residents and safeguarding property should be the top priority for associations; therefore, it’s essential to take action now, before hurricanes arrive. Hurricane readiness plans should specify which resident and community items must be relocated before the storm hits and identify what ongoing repairs or remediations need to be paused, secured, and documented as a storm approaches.
“If your property is currently in the middle of a Chapter 558 investigation, it is critical to have meetings with your counsel, consultants and contractors to ensure that any areas that are susceptible to flooding are protected and that the mobilization of crews to secure those areas are available as the storm approaches,” the attorneys advise. “Whether an association is in the middle of destructive testing as part of its Chapter 558 process or as part of an ongoing remediation/repair project, if a hurricane is imminent, immediate action is important to ensure the safety of the property and its residents, but also to protect against any inadvertent waiver of construction defect claims.”
Read the story in full, click here.