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What happens to a new Miami condo in a hurricane, and who decides?

For the buyer from a city without a season, who has signed nothing yet and wants to know, before the deposit, what the building does when a storm is named and what is left to the owner.

This page explains. Whether the building suits you is a separate conversation. Contact the desk at Miami Dossier for the current position on any building we cover.

The short answer

The association decides, and the statute lets it. When a state of emergency is declared for the area, Florida's condominium statute gives the board emergency powers: to close or limit the common areas, to shut down the elevators and the plant, to require owners and guests to leave the building if the authorities order it or the board finds it unsafe, to contract for repairs and levy for them, and to decide when it is safe to come back. The building itself was designed for the wind: a new Miami tower is built to the Florida Building Code's high velocity hurricane zone, with the glass and the systems rated for it, which is why developers publish impact glass and Miami-Dade approved windows and not shutters. What the owner decides is narrower than they expect: their own policy, what is on the terrace, who holds the keys and whether they leave early. We set out each decision and whose it is below.

What did the building code already decide?

The Florida Building Code's high velocity hurricane zone provisions for Miami-Dade and Broward set the wind loads and the product approvals a new tower must meet, and a developer who publishes impact glass is publishing compliance, not an extra. On our file The Ritz-Carlton Residences South Beach publishes floor to ceiling windows with Miami-Dade NOA rated systems, Ocean House Surfside publishes floor to ceiling impact glass, Banyan Tree Residences in West Palm Beach publishes floor to ceiling impact glass and Fouquet's in the Design District publishes hurricane rated floor to ceiling windows. What the code does not publish for the buyer is where the building's equipment sits: the generator, the switchgear, the pumps and the fire system, which on a coastal site are either elevated or exposed, and whether the generator runs the elevators, the lobby and the corridors or also the homes. Those are plan questions, answered from the drawings and the engineer's letter, not the brochure. Read Miami Beach flood maps and insurance for the elevation and zone questions, and what to verify before buying oceanfront in Mid-Beach for the site walk.

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What may the board do when a storm is named?

Under the emergency powers the statute grants during a declared emergency, a board may conduct meetings and act on short notice, cancel or reschedule meetings, name assistant officers, relocate the office, implement a disaster plan, determine that parts of the property are unavailable for entry or occupancy, require evacuation when an order applies, decide that the property cannot safely be occupied, mitigate damage and contract for it, levy a special assessment for it, and borrow for it, all without the owner votes the documents would otherwise require. In practice that means the pool deck, the gym and the restaurant close before landfall, the elevators are parked at a high floor and switched off, the valet garage is emptied of cars the operator will not answer for, and the staff is sent home at a set hour. An owner who remains does so on the building's terms, and an owner who wants to know those terms reads the disaster plan, which the rules reference and the manager holds. Read how to read the amenity rules before buying, can the building enter your Miami condo when you are away and who manages a new Miami condo, and what does the management agreement say for who writes the plan.

What does the owner's policy cover, and what the association's?

Two policies, a line between them and a deductible on each. The association's master policy covers the building and the common elements, including the structure, the roof and the glass in most Florida declarations, with a named storm deductible expressed as a percentage of the insured value that the owners share as a common expense when a loss falls inside it. The owner's own policy covers what the statute and the declaration leave to the unit owner, which includes the interior finishes, the cabinets, the floors and the contents, and carries loss assessment cover for the owner's share of the master deductible. Flood is a third policy, separate from both, and the lender requires it in a flood zone. A new building's first year is the one where the master policy is the developer's and the budget's insurance line is an estimate, so the buyer asks for the binder, the deductible and the broker's letter before closing. Read what is a named storm deductible, and who pays it in a Miami condo, Miami condo insurance and climate, insurance and the Miami buyer.

How does the owner get back in?

On the association's word. The statute lets the board decide when the property is safe for re-entry, after the authorities lift any order, and a tower may open in stages: the lobby and the stairs before the elevators, the homes before the amenities, the garage after the pumps. An owner who was away asks three things of the building before the first season: how the building reaches owners during and after a storm, who walks each home after the event and under what authority, and what the plan says about a home with water in it when the owner is abroad, because the access clause in the declaration is what lets the manager open the door. The owner's own calendar runs beside it: shutters where a building has them, the terrace cleared of anything the wind can lift, the water shut at the home's valve if allowed, and a person in Miami who holds a key. Read living part-time in Brickell and closing a Miami condo during hurricane season for what changes when the storm arrives between contract and deed.

What does a buyer ask before the first June?

Eight questions, each answered by a document or a drawing. Where the generator, the switchgear and the pumps sit, and what the generator runs. What the glass is rated for and whether any home has shutters as well. What the disaster plan says about evacuation, the elevators, the garage and the staff. What the master policy's named storm deductible is and how the owner's share is billed. What the declaration says the owner insures. Whether the association may enter the home after a storm and how the owner is told. What the rules say about terraces, furniture and planters when a watch is issued. And what happened at the sponsor's last building in the last storm, which the minutes and the claims history show. Read documents before closing on a new Miami condo, what a beach building's reserve study tells you and the five sections of condominium documents. The desk reads the plan, the binder and the access clause with the buyer before the first season, and says where it would not proceed.

The Shift

What the desk holds on Miami

Contact the desk at Miami Dossier for the current plans, pricing and availability as the developer releases them, discussed one to one.

The plans by line, and which lines are left. The developer’s current release, not the brochure’s.
The deposit schedule. Proportions, trigger dates, and where the money sits.
What the sales gallery will not volunteer. The view lines that close, the floors that trade first, the association budget.
Where we would not proceed. Sometimes the answer is a different building. Sometimes it is not yet.

WhatsApp the desk · 305.588.4547·[email protected]

Common Questions

Questions buyers ask

Can a condo association make me leave during a hurricane?
Under Florida's emergency powers a board may require evacuation when an order applies or it decides the building cannot safely be occupied. An owner who remains does so on the building's terms. Counsel reads the statute.
Do new Miami condos have hurricane shutters?
Usually not. New towers are built to the high velocity hurricane zone code with impact rated glass; The Ritz-Carlton Residences South Beach publishes Miami-Dade NOA rated systems, Ocean House floor to ceiling impact glass.
Do the elevators work in a hurricane?
The board may shut them down before landfall and restart them after inspection. Whether the generator runs them during an outage is a plan question; ask what the generator serves.
Who pays for hurricane damage to a condo?
The association's master policy covers the building and common elements, with a named storm deductible the owners share; the owner's policy covers interiors and contents; flood is a separate policy.
What is a condo disaster plan?
The association's written plan for a declared emergency: closures, the elevators, the garage, staff hours, evacuation and re-entry. The rules reference it and the manager holds it; ask for it before closing.
Can the building enter my condo after a storm?
Usually yes, under the declaration's access clause, to inspect and mitigate damage, with notice afterwards. Ask how the building reaches you and who holds a key.
Does my condo policy cover a hurricane?
Wind, yes, for what the declaration leaves to the owner, with its own deductible; flood only under a separate policy. Loss assessment cover pays your share of the master deductible. Ask the agent.
When can I go back after a storm?
When the authorities lift any order and the board decides the property is safe, often in stages: stairs and lobby first, elevators after inspection, amenities last.
Should I leave the car in the valet garage?
Ask the valet rules and the disaster plan. Many operators empty the garage or disclaim liability during a declared emergency, and a coastal garage is where water arrives first.
Who should a buyer call about hurricanes and a Miami condo?
The desk, which reads the disaster plan, the insurance binder and the access clause with you before the first season, and a Florida real estate lawyer for the emergency powers clause.
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Before You Act On Any Of This

Before you act on any of this

We hold no listings and we are not the developer. Contact the desk at Miami Dossier and we will tell you what applies to your situation, what does not, and where we would not proceed. Where a question is legal, tax or structuring, we introduce you to advisers who handle that properly rather than answering it ourselves.

WhatsApp the desk · 305.588.4547·[email protected]

Who answers this page

Metrik Real Estate is a Miami real estate company built around one idea: the buyer gets their own team. Miami Dossier is its private buyer advisory for new construction.

A person replies within 24 hours, usually much sooner. On weekends, back on Monday morning.

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