It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in an amazing fashion to begin the cleanup and restoration work. However, there is a long road ahead for many community associations.
As we continue with the cleanup phase and plan for the restoration phase, there are several significant issues that many community associations will face.
One issue that will potentially be significant is the “FEMA 50% Rule.” Under the National Flood Insurance Program (“NFIP”) requirements, when a project must be “substantially improved,” the project must comply with current regulations for new construction, including elevation.
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