Page 15 - Boca ViewPointe - July '20

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 

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Geula-Atid Chapter and
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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.

Stephen & Petra Levin Palace at MorseLife Thank you for cooperating with The
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