Implications of Governor’s Newest Executive Order on Florida’s Community Associations

Rembaum’s Association Roundup | Effective May 3, 2021 at 4:06 P.M., Governor DeSantis, by way of Executive Order 21-102, suspended all remaining local government mandates and restrictions based on the COVID-19 State of Emergency.

In short, this Order provides that all local government COVID-19 restrictions and mandates on individuals and businesses are hereby suspended.  However, this Order does NOT address private rules enacted by Florida’s community associations.

Remember that in order for a community association to use the statutory emergency powers, there must be a State of Emergency declared by the Governor. Therefore, since the Governor’s declared State of Emergency remains in effect through June 26, 2021, community association  boards of directors may still rely on the use of the statutory emergency powers. However, please remember that in order for a community association to use the statutory emergency powers there must be a nexus between the power being utilized and the actual conditions taking place at the association. In other words, a community association cannot just exercise the emergency powers  because it is convenient.  There should be a nexus.

Executive Order 21-102 can be viewed by clicking HERE.