Page 15 - Boca ViewPointe - July '20
P. 15

July 2020                                                     Viewpointe, Page 15

      Amending Association Documents

      To Include Emergency Powers

         As we start to move towards the reopening of our   the issues that these provisions raise is the time period      In order to best protect community associations
      state, and ultimately, our communities, now is a good   when they are enacted. All three (3) statutes indicate that   moving forward, associations should strongly consider
      time to sit back and reflect on the some of the lessons   the emergency powers will be triggered “in response to   amending their governing documents to include their
      that the COVID-19 pandemic taught us. For community   damage caused by an event for which a state of emergency   own set of emergency powers. Such an amendment
      associations, one lesson is to reflect on how to better   is declared…” The problem is what is “damage?” Again,   would remove the focus on the “damage” requirement,
      prepare to operate during emergencies, especially if   these provisions were drafted with weather related events   and instead, allow the use of emergency powers upon
      those emergencies may last for weeks or months. As   in mind, such that “damage” is obvious. With COVID-19,   any event that threatens the safety and welfare of the
      many people may now be aware, the Homeowners       associations were left with drafting creative definitions   community. Additionally, it would grant the Board the
      Association Act and the Condominium Act both have an   of the word “damage” to justify the use of the statutory   specific powers to open, close, limit access, or pass
      emergency power provision which grants associations   emergency powers. Later on, the Department of Business   rules relating to the use of the association’s amenities.
      broad emergency powers.                            and Professional Regulation’s Division of Condominiums   Most importantly, the amendment would also grant the
         However, the shortcoming of these provisions is that   sent out an advisory order suspending the “damage”   association the authority to be flexible about when and
      they were drafted with the more typical weather related   requirement of the statute, and thus expanded the scope   how association and board meetings are conducted. The
      emergencies in mind, not a pandemic virus. Chief amongst   of emergency powers in the statute to cover this event.   emergency powers in the statute only grant the ability to
                                                                                                           provide notice of a meeting in as practicable as a method
                                                                                                           as possible, but do not offer any authority about how the
                                                                                                           meeting is to be conducted. As we all have learned, being
                                                                                                           able to conduct meetings remotely over the internet has
                          Endless indulgence.                                                              would make it clear that the Board has the authority
                                                                                                           become of paramount importance. Such an amendment
                                                                                                           to hold remote meetings without the risk of owners
                                                                                                           challenging the method in which a meeting was held.
                                         Every day.                                                          working remotely, now is a great time to obtain sufficient
                                                                                                             As many condominium and homeowners are still home

                                                                                                           participation to pass such a crucial amendment to the
                                                                                                           governing documents.

                                                                                                              Sachs Sax Caplan, P.L., Peter S. Sachs 


                                                                                                            Geula-Atid Chapter and
                                                                                                            L’Dor V’Dor Group

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                                                                                                              On behalf of The Club at Boca Pointe we would like to
                                                                                                            remind our residents that NO walking, running, bicycle
                                                                                                            riding or dog walking is permitted on the golf course or
                                                                                                            golf cart paths. For safety reasons, the paths
                                                                                                            are for golf carts only.

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                                 4850 Ryna Greenbaum Dr., West Palm Beach, FL 33417  |       Club's policy. 
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