F.S. 720.316 is the statute that says what an HOA board can do when the usual governance machinery becomes impractical. It applies after the Governor declares an emergency (hurricane, widespread power outage, public-health emergency) and permits specific actions the board could not otherwise take without the normal notice + voting procedures. Most boards do not know the statute exists until a storm hits.

What the statute says

The framing lives in F.S. 720.316(1):

To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with the provisions of s. 617.0830, the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the association is located, may exercise the following powers...

The powers enumerated in F.S. 720.316(1)(a)-(n) cover temporary access, meeting-without-quorum authority, immediate professional engagement, contract authority without competitive bids, and implementation of temporary rules for residents' safety.

"What specific powers does the board get?"

Eight frequently-used emergency powers:

1. Meet without the usual 48-hour notice. F.S. 720.316(1)(a). The board can convene with any available directors; minutes document the emergency nature.
2. Cancel + reschedule regular meetings. F.S. 720.316(1)(b). Without the normal notice-and-reschedule procedure.
3. Enter individual parcels to remove debris + make emergency repairs. F.S. 720.316(1)(f). Subject to attempting to notify the parcel owner first.
4. Contract for cleanup, debris removal, mitigation without competitive bids. F.S. 720.316(1)(g). Post-emergency bidding during an active crisis delays response.
5. Access records remotely + suspend normal records-request response time during the emergency. F.S. 720.316(1)(h).
6. Adopt temporary rules affecting parcel use. F.S. 720.316(1)(j). Curfews, pool closures, visitor restrictions during power outages, etc.
7. Borrow funds or impose special emergency assessments. F.S. 720.316(1)(l). Without the usual member-vote procedure for emergency-scope amounts.
8. Levy special assessments for emergency repairs. F.S. 720.316(1)(m). With specific notice requirements once normal operations resume.

"How long do emergency powers last?"

The statute does not set a fixed expiration. Emergency powers are available "in response to damage caused by" the declared emergency. Three practical tests:

1. Is the state of emergency still in effect locally? The governor's declaration timestamps the start + revocation. The board's emergency authority tracks the declaration.
2. Is the specific action directly responsive to the emergency? A roof-tarp contract signed three days after a hurricane is clearly responsive; a pool-house renovation signed three months later is not.
3. Has the board documented the emergency nexus in minutes? Contemporaneous minutes documenting the emergency-caused need is the single best defense when a member later challenges the spending.

"What documentation protects the board?"

Three-step documentation workflow during any declared emergency:

1. Board resolution invoking F.S. 720.316 powers. Dated + cites the specific emergency declaration. Single page; permanent record.
2. Emergency expenditure log. Date + vendor + amount + which subsection of F.S. 720.316(1) authorizes the expenditure + which contract was signed without competitive bid.
3. Post-emergency return-to-normal resolution. When the governor's declaration expires + the immediate crisis resolves, the board adopts a follow-up resolution memorializing the return to standard procedures + ratifying the emergency actions.

"When does this become a member challenge?"

Three failure modes boards should avoid:

1. Invoking emergency powers without an actual emergency declaration. "The insurance renewal is pressing" is not an F.S. 252.36 emergency. Using emergency authority for a routine matter is ultra vires.
2. Using emergency powers after the declaration expires. Even if cleanup is still active, the emergency-authority clock runs on the declaration + the specific damage-response nexus, not on the board's convenience.
3. Skipping the return-to-normal resolution. A board that drifts in "emergency mode" for months after the storm is exposing every subsequent decision to a procedural-defect challenge.

"What about recurring emergencies?"

Florida's hurricane season runs annually. Each named storm gets its own emergency declaration + its own F.S. 720.316 authority window. Boards should NOT carry forward emergency authority from one storm to the next; each season resets the clock + each damage event has its own nexus.

Why this post exists

HOAStream surfaces F.S. 720.316 alongside the community's emergency response plan + prior board resolutions in under 500 milliseconds, so the CAM team has the emergency-authority framework ready when a hurricane crosses the state. Nothing in this post or in the product is legal advice. For a specific emergency action where the authority is contested, a retained Florida HOA attorney is the right call.

If you want the full emergency-powers statute stack alongside your community's declaration, sign up at /cam or /board.