Hurricane Preparedness

October 10, 2022

Oscar Rivera Quoted in Sun Sentinel Article on Hurricane Ian Headlined: “Survivors’ Decision: Rebuild or Relocate?”

by Siegfried Rivera

Siegfried Rivera

Oscar R. Rivera, our firm’s managing shareholder, was the first and the penultimate local business leader quoted in the Sun Sentinel‘s article on the repercussions of Hurricane Ian featured on the front page of today’s edition of the newspaper. The article, which is titled “Survivors’ Decision: Rebuild or Relocate?”, focuses on the consequences of the devastating storm for residents and business owners throughout the impacted areas. It reads:

Hurricane Ian gave southwest Floridians plenty of reasons to leave: It killed at least 115 people, crushed countless homes and businesses, turned area waterways into toxic soups and caused at least $50 to $65 billion in damages.

But as residents and business owners assess the devastation and reach for insurance policies that may or may not cover all of their losses, there appears to be an emerging consensus for rebuilding, and not relocating to areas perceived to be less vulnerable to catastrophic storms.

It is a mindset, analysts say, driven by a long-standing affinity for Gulf Coast living, a strong resolve among public and private sector interests, and a growing tolerance of devastating hurricanes as life disruptors.

“We have already been contacted by numerous clients and potential clients,” said Oscar Rivera, managing shareholder of the Siegfried Rivera law firm in Miami, which represents condominium owners, associations and commercial real estate investors. “Everyone we have spoken to is committed to rebuilding.”. . .

September 4, 2022

Miami Herald Column by Michael Clark and Susan Odess: “Don’t Let Down Your Guard: Here Are Some Hurricane Prep, Recovery Reminders for Storm Season’s Second Half”

by Siegfried Rivera

Siegfried Rivera

Shareholders B. Michael Clark, Jr. and Susan C. Odess authored the latest edition of the firm’s “Real Estate Counselor” column appearing in today’s Miami Herald. The article, which is titled “Don’t Let Your Guard Down: Here Are Some Hurricane Prep, Recovery Reminders for Storm Season’s Second Half,” focuses on the types of activities and initiatives that condominium associations along the coast and other Florida community associations should be taking in advance of as well as in the aftermath of a severe hurricane. Their article reads:

. . . 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.

May 13, 2021

Post-Pandemic Changes to Disaster Preparedness for Community Associations

by Laura Manning-Hudson

Laura Manning-Hudson

The Covid-19 pandemic has expanded the parameters and elevated the importance of disaster preparedness in community associations. Prior to the start of the 2021 hurricane season, community association boards of directors and property managers should reassess their disaster preparedness plans to ensure they are ready for anything and everything.

Some of the elements of a comprehensive disaster preparedness plan include detailed site plans, especially for large communities, a communications plan with all current contact information for board members and key staff/vendors, and an evacuation plan with information on public shelters as well as local gas stations and grocery stores with backup generators. Insurance information is also a must, and it should always include copies of all policies and information on claim-filing protocols.

strm-300x240 The uncertainty caused by the pandemic also spotlighted the importance of unit-owner communications. Comprehensive disaster preparedness plans should include all current contact information and any other preparations necessary for outreach to residents via calls, text, email, and hand-delivered notices to all dwellings.

June 2, 2020

Hurricane Preparedness Plans During the Pandemic

by Siegfried Rivera

Siegfried Rivera

The 2020 hurricane season has just begun, and NOAA predicts a 60 percent chance that it will be busier than normal. In addition to all the standard hurricane preparations and measures that community associations should take in advance of a storm threat, the COVID-19 pandemic will bring an added dimension of protocols and precautions.

Associations for communities located in areas under evacuation orders will need to implement their plans in accordance with the CDC guidelines for social distancing and face coverings. Residents will need to be reminded to adhere to the federal agency’s recommendations, and those who refuse to comply with evacuation orders out of fear of exposure to the virus will need to be referred to the association’s legal counsel and possibly also to law enforcement.

Below is a link to our firm’s Hurricane Preparedness and Recovery Guide, which includes helpful guidance and recommendations for community associations to prepare for storms and contend with their aftermath. We encourage association directors and property managers to print and review the guide at the start of the season, and our attorneys are available to answer any questions regarding the information in the guide that may arise.

Hurricane Preparedness and Recovery Guide

June 7, 2019

Hurricane Preparedness: What Associations Need to Know

by Evonne Andris

Evonne Andris

Hurricane preparedness is a significant undertaking for every community association in Florida. Being well prepared — and well informed — can determine whether association boards and their managers will sink or swim in the aftermath of a storm. Here are some helpful tips to enable associations to stay ahead of the 2019 hurricane season, which officially began on June 1 and will end on November 30:

Maintain an up-to-date paper roster of the current residents, and store it at an accessible off-site location. A separate list of residents who are remaining in the building should also be kept. Accounting for the whereabouts of all residents can be vital for emergency response teams who might have to provide medical assistance to any residents in need.

Keep important documents at a safe alternate location. This includes a copy of the association’s governing documents, a certified copy of the insurance policy, bank account information, service provider contracts, and contact information for all residents, staff and vendors of the association.

Continue reading

October 11, 2018

Hurricane Michael Insurance Claim Tips for Florida Community Associations

by Susan C. Odess

Susan C. Odess

Hurricane Michael caused severe damage to condominiums and HOA communities in the Florida panhandle, and in the aftermath of the storm many of the area’s community associations will be filing property damage claims with their insurers. Here are some tips that will help the boards of directors and property managers for these associations to make the process as smooth as possible:

Document the Damage

One of first steps for associations to take will be to document the damage. Taking photos from a number of different angles and perspectives is a good start, and video recordings documenting all of the damage throughout the affected areas are also very helpful. This should be done prior to any repairs or clean up, including the installation of tarps to prevent further water intrusion.

For roof damage, associations should be very cautious and avoid walking on roofs that have been impacted. Some insurers may attempt to demonstrate that the 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, consider using a drone to take aerial videos.

Prevent any Further Damage

The only repairs that should be made immediately following all of the photo and video documentation should be those that are necessary to prevent further damage and ensure safety. This includes emergency repairs such as covering damaged roofs and broken windows with tarps.

September 18, 2017

Post-Irma Impacts on Association Annual Meetings and Elections

by Siegfried Rivera

Siegfried Rivera

While recovery from property damage and power outages may take precedence in the hours and days following a hurricane, it is also important to consider—and to take swift action to recover from— not-so-apparent implications of a storm.

As we enter into the “season” of Annual Meetings and Elections, deadlines are soon approaching for community associations to distribute their Notice(s) of Annual Meeting and Election to Owners. The Florida Statutes, Florida Administrative Code and association governing documents provide us with a strict protocol of when such Notice(s) must be distributed, depending upon an association’s scheduled or required date to hold the Annual Meeting and Election. Following a storm such as Hurricane Irma, a few hours or days without power may affect a printing company or management office’s work hours, and, in turn, make it difficult or impossible to timely distribute Notice(s) of Annual Meeting and Election in accordance with statutory and governing-document-based protocols.

September 15, 2017

Helpful Tips to Consider When Filing an Insurance Claim

by Siegfried Rivera

Siegfried Rivera

We hope that you and your loved ones are safe after the storm with little to no damage to your property. Our thoughts remain with those whose homes and loved ones were impacted by Hurricane Irma. As local, state and federal officials throughout Florida respond to those who have been impacted—whether it is because of loss of power, property damage or fallen powerlines or trees—we want to make sure we do our part to help our community as well.

If you have had a chance to drive around, you will notice that there are a number of trees that have fallen on homes, causing serious damage to their roofs, windows, and even their foundation. If you’ve been able to tune in to the news to see coverage of the storm’s aftermath you have seen that many areas experienced massive flooding. Due to the property damage that some Floridians are currently experiencing, we want to make sure that everyone is well-informed on the proper way to handle any insurance claims that may arise. Keep in mind that it is important that condominium, cooperative Continue reading