Don’t let down your guard yet: Here are some hurricane-prep, recovery reminders | Opinion

As of the midway point of this year’s hurricane season, all has been quiet in the tropics. However, about 30 years ago, the first named storm of the season made landfall on Aug. 24 in Homestead. Hurricane Andrew in 1992 would go on to cause more than $27 billion in damage, and it led to monumental changes to Florida’s homebuilding and insurance industries.

Given the precarious condition of the Florida insurance marketplace today, it behooves property owners and community associations throughout the state to take the upmost precautions to prepare for any storms and recoveries as the season draws to a close in November.

For condominium associations on or near the coast, they should consider pre-negotiated service contracts with vendors who typically assist in the aftermath of a storm. This can include water restoration companies to mitigate flooding, debris removal companies, and security providers.

If a storm is approaching, boards of directors should begin by ensuring they have up-to-date paper rosters of the current residents stored at a secure and accessible location. Accompanying it should be a copy of the governing documents, a certified copy of the insurance policy, bank account information, service provider contracts, and contact information for all residents, staff and vendors.

It is also highly advisable to take date-stamped videos and photos of the entire property, including all mechanical and common elements.

For any communities in evacuation zones that may be in the path of a major hurricane, boards of directors and property management should prepare for the very real possibility that they may not be able to access the building for some time in the aftermath of a severe storm. They should have a detailed plan for entry back to the property, including designating who will be first on site, but they should be prepared for the possibility that local officials may deny them access to their building(s) or close off the area.

After a storm hits, do these things

After a severe storm and impact, important decisions will need to be made, so directors should be prepared to hold an emergency board meeting at an alternate location.

Associations should immediately document the damage by taking thorough photos and videos. This is one of the first orders of business, and it should take place prior to any repairs or clean up.

Any roof damage should be assessed with extreme caution and only under the guidance of qualified professionals. Insurers could argue that damage was exacerbated by individuals walking on the roof to take photos/videos and install tarps. If the damage is not visible from the roof access door of condominium buildings, associations and the professionals they retain should consider using a drone to take aerial videos and photos.

Immediately following all of the photo and video documentation, repairs should begin by focusing on any and all efforts necessary to prevent further damage and ensure safety, such as covering damaged roofs and broken windows.

Associations will be eager to begin cleaning up their pool decks and other common areas, but they should do so without discarding any damaged features and fixtures. Insurance company adjusters should be allowed to witness firsthand the entirety of the damage, so it is best to avoid discarding any broken equipment and instead move it to a safe location on the premises.

Move quickly to file claims

Insurance companies will be mobilizing their adjusters and coordinating their initial inspections immediately after the storm passes and it becomes safe for them to operate, so condominium associations and all affected owners should move very quickly to file their storm and flood claims.

Associations and owners can also opt to consult with highly qualified, experienced and licensed public adjusters. These professionals investigate, file and negotiate claims in exchange for a percentage of the final amount paid out by insurers. They understand the nuances of the entire claims process, and provide guidance and representation from the initial filing to the final payout.

Preparing for and recovering from a major hurricane takes considerable time and resources for Florida condominium associations and property owners. By following these and other precautions and best practices, they will be able to mitigate the disruptions caused by storms and expedite any repairs in their aftermath.

B. Michael Clark, Jr., is a shareholder with Siegfried Rivera.
B. Michael Clark, Jr., is a shareholder with Siegfried Rivera.
Susan C. Odess is a shareholder with Siegfried Rivera.
Susan C. Odess is a shareholder with Siegfried Rivera.

B. Michael Clark, Jr. and Susan C. Odess are shareholders with the law firm of Siegfried Rivera who are based at the firm’s Coral Gables office. Clark focuses on construction and insurance law and litigation, and he is board certified in construction law by The Florida Bar. Odess focuses on insurance law and litigation, and both she and Clark are regular contributors to the firm’s association and construction blogs at www.FloridaHOALawyerBlog.com and www.FloridaConstructionLawyerBlog.com. www.SiegfriedRivera.com, MClark@SiegfriedRivera.com, 305-442-3334.





Read past ‘Real Estate Counselor’ columns at www.miamiherald.com:

--The real costs of community association lawsuits and how to avoid them

--Ruling shows pitfalls of associations enacting changes without required votes

--Condo terminations need ample consideration by association directors, unit owners

--Community associations should consider amending their amendments process

--Community associations should break ties with developer, board members during turnover

--Legislature delivers monumental milestone in evolution of Florida’s condo laws

--Federal and state reforms necessary to address Florida’s residential insurance woes

--What are some common traits of excellent community association boards of directors?

--Possible $8 million fraud against Florida community associations is a wake-up call

--Southwest Florida community associations appear to fall victim to massive fraud

--Water-leak suit at Jacksonville condo makes local headlines, reveals telling lessons

--Electric vehicle chargers at or near top of many condo community wish lists

--Condo terminations take hold as an exit strategy for owners at aging towers

--What’s next for condo-safety reforms after Legislature fails to act?

--All eyes on Florida Legislature for high-rise condo safety reforms

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