Published in the Daily Business Review
In an article published on August 5 in the Daily Business Review, Ball Janik LLP Partner Franchesco “Frank” Soto and Associate Amanda L. Gonzalez go over key reminders and steps that condo and homeowner associations should take as the height of the hurricane season nears 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.
“One of the key considerations is verifying that all necessary storm insurance policies are in place, as well as understanding the available coverages and methods for submission of a claim,” notes Soto and Gonzalez. “As the hurricane season ramps up in Florida and forecasters predict an above-average number of storms as late summer and fall approaches, condominium and homeowner associations must be strategic and prepared to protect their communities and mitigate risk.”
Ensuring the safety of residents and property is paramount, and associations should not wait until the aftermath of a hurricane to address all the details of what must be considered. Hurricane readiness plans should outline a chain of command; what resident and community items must be relocated before the storm hits; and 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 (subscriber-based).