Quick Answer
Section 718.1265 gives a Florida condominium board a list of emergency powers after the Governor or county declares a state of emergency in the locale, including holding meetings by video, cancelling meetings, relocating the office, closing parts of the property, contracting for owners' repairs, levying special assessments without an owner vote and borrowing without owner approval.
The powers last only as long as "reasonably necessary," are unavailable if the declaration, articles or bylaws specifically prohibit them, and do not let a board block owners' access during a Governor-declared emergency for ingress, egress, sales, leases or habitability.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Fla. Stat. § 718.1265, Association emergency powers |
| Effective date | Created by chapter 2008-28. History shows amendments by chapter 2021-99, chapter 2025-175 and a conforming change in chapter 2026-168 (HB 797). We did not trace what each changed. |
| Applies to | Condominium associations, "to the extent allowed by law" and unless the declaration, articles or bylaws specifically prohibit |
| Key sections | (1)(a)-(m) powers; (2) duration; (3) owner access |
| Remedy or penalty | None stated; (1)(h) gives the association immunity when owners refuse to evacuate; (1)(k) charges and liens for owner-responsibility work |
What the Law Says
The trigger
The board may act "in response to damage or injury caused by or anticipated in connection with an emergency, as defined in s. 252.34(4), for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located." The powers must be "consistent with s. 617.0830," the director duty-of-care section.
The powers in subsection (1)
- (a) Hold board, committee, membership meetings and elections in whole or in part by telephone or real-time video, with notice "as is practicable," including publication, radio, mail, internet, electronic transmission or conspicuous posting.
- (b) Cancel and reschedule meetings.
- (c) Name assistant officers who are not directors.
- (d) Relocate or designate alternative principal offices.
- (e) Enter agreements with counties and municipalities for debris removal.
- (f) Implement a disaster plan, which may include shutting off elevators, electricity, water, sewer, security systems or air conditioning.
- (g) and (i) On advice of emergency officials, health officials or licensed professionals, declare parts of the property unavailable or determine whether they can be safely occupied; a habitability determination "is not conclusive" under the declaration.
- (h) Require evacuation when an evacuation order exists; the association is immune from liability if an owner refuses.
- (j) Mitigate damage, including removing wet drywall, insulation, carpet and cabinetry "even if the unit owner is obligated by the declaration or law to insure or replace those fixtures."
- (k) Contract on behalf of owners for services they would normally handle, such as drying units, boarding windows or replacing air handlers. Owners must reimburse the actual cost, and the association may use its lien authority under section 718.116.
- (l) "Levy special assessments without a vote of the owners," regardless of the documents.
- (m) Without owner approval, borrow money and pledge association assets to fund emergency repairs when operating funds are insufficient.
Limits
Under subsection (2), the powers are "limited to that time reasonably necessary to protect the health, safety, and welfare" of those on the property and "reasonably necessary to mitigate further damage, injury, or contagion and make emergency repairs." Under subsection (3), during a state of emergency declared by the Governor, an association "may not prohibit" owners, tenants, guests or invitees from accessing the unit and appurtenant common elements for ingress and egress, or when needed for a sale, lease or transfer, or for habitability, health and safety, unless a governmental order or CDC public health directive prohibits access. Access is subject to reasonable association restrictions.
What This Means in Practice
Boards
The statute is a menu, not an obligation, and each use should be recorded: what power, why, on whose advice and when it ended. Subsection (1)(k) charges the cost to owners, so keep itemized invoices by unit. Our reading: the special assessment and borrowing powers in (l) and (m) are the ones most likely to be second-guessed later, so tie each to a documented emergency repair.
Owners
An owner may be billed for emergency work done in the unit under (1)(k), and the association may lien for it. Owners keep access for ingress and egress during a Governor-declared emergency under (3).
What the law does not say
The text does not say how long a special assessment under (l) may remain in force, set a cap, or require a notice period. It does not require a vote after the fact. Those are open questions for counsel.
Timeline
| Date | Event |
|---|---|
| 2008 | Section created by chapter 2008-28 |
| 2021 | Amended by chapter 2021-99 |
| 2025 | Amended by chapter 2025-175, section 10 |
| 2026 | Conforming reference in chapter 2026-168, section 183 |
Related Florida Law
- Section 718.116 on liens.
- Section 617.0830 on director duties.
- HB 293 (2024) on hurricane protection for HOAs.
- HB 913.
- Chapter 718 overview.
Board Checklist
- Confirm the declaration, articles and bylaws do not specifically prohibit the powers.
- Keep a written emergency plan and a contact list for owners and vendors.
- Document each power exercised, the advice relied on and the end date.
- Invoice owner-responsibility work by unit with itemized costs.
- Post notice by every practical channel and keep copies.
- Do not block owner ingress, egress, sale or habitability access during a Governor-declared emergency.
- Review any special assessment or loan with counsel.
Frequently Asked Questions
When can a condo board use these powers?
After a state of emergency is declared under section 252.36 in the locale, in response to damage or anticipated damage.
Can the board levy a special assessment without a vote?
Yes, under (1)(l), regardless of the documents, but only within the time reasonably necessary and for emergency needs.
Can the association charge owners for mold removal in their units?
Under (1)(j) and (k) the board may remove wet materials and contract for owner-responsibility services; owners reimburse actual cost and a lien may be used.
Can the board lock owners out?
It can declare areas unavailable on expert advice, but during a Governor-declared emergency it may not block ingress, egress and certain necessary access under (3).
Can meetings and elections be held by video in an emergency?
Yes, in whole or in part, with notice as practicable under (1)(a).
Does the declaration override these powers?
Yes if it specifically prohibits them; the section applies unless "specifically prohibited."
Where This Comes From
We read the full 2026 text and history line of section 718.1265 on the Florida Legislature's Online Sunshine site (section 718.1265). Quotations are from the statute text.
Where We Stand
Our position: we support these emergency powers. After a hurricane, the delay of a unit-by-unit vote can turn a repairable situation into a mold problem, and boards need clear authority to move first. A practical tip: before storm season, pre-approve vendors, keep an emergency contact roster and decide how the board would document the use of each power. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Florida, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Florida, browse every Florida state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Florida when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.
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