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Planning For Disaster Is Smart, But Not Required

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By RICHARD WHITE

Tribune correspondent

Published: July 31, 2008

Is there a law requiring condominiums in Florida to have a disaster plan? Does it include requiring a line of credit from a bank? Are there other particulars we should be aware of in establishing a disaster plan?

GM

Clearwater

There is no state law requiring associations to have an emergency plan, but it is smart to have one. The board and association have limited responsibility in the case of emergencies, because it is the responsibility of each member, owner, and resident to take care of his or her own needs. A board's plan, then, might help ensure its members and residents have the information they need in an emergency. In the case of hurricanes, the board's plan might include posting a list of emergency shelter locations.

Some time ago, one of your items concerned requirements for updated census information in communities for people 55 and older. Would you be able to supply me with the necessary form?

JB

Tarpon Springs

The census you refer to is required every two years in adults-only communities. One resident from each home must sign an affidavit attesting to their name, age and address. That affidavit is what you seek, however, there is no standard form. You can create one that states "I _____________ live at this address and I am 55 years of age or older." The resident signs and dates the form and shows proof of age, such as a legal document or license.

You do not need to send or copy the affidavits to any government agency. However, you will need to register with the State of Florida's Commission on Human Relations every second year. The association president must sign a letter verifying the community qualifies as adult-only. By doing that, the president is saying the association has completed its census and complies with the Federal and State Adult Community Laws.

The association must keep the census affidavits with its records. If it is sued for age discrimination, it will need the records to prove it has maintained the necessary population of 55-and-olders and can discriminate for age.

Seek legal guidance to insure you have a proper form and records to comply with the law.

Richard White is a licensed community association manager. Questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or camquestion@cfl.rr.com.

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