Recovering
from the Great Flood of 2016
Is Your Homeowner Association Eligible for Flood Debris Removal?
The New
Orleans Times Picayune reports that debris
removal in several parishes following the Great Flood of 2016 in Louisiana began
today. As tens of thousands of homeowners and businesses gut their properties,
removing flood debris is a major step in community recovery.
An often overlooked obstacle to recovery can be
FEMA refusal to reimburse local governments for the cost of debris removal in homeowner
associations. FEMA often classifies homeowner association streets and canals as
private property. Under this classification, a local government that removes
disaster debris from a homeowner association may not be eligible for FEMA
reimbursement for these disaster response costs.
A finding by FEMA that homeowner association
streets and canals are private property means homeowners are solely responsible
for the expense of removing debris from their community.
In large-scale disasters such as the Great
Flood of 2016, local governments may petition FEMA for a determination that debris
removal from homeowner associations is in the public interest. To make such a
request of FEMA, local governments must certify that destruction within the
community is widespread and that disaster debris in homeowner associations is a
threat to human health and safety and community recovery.
If FEMA concludes that debris removal from
homeowner association streets and canals is in the public interest, FEMA requires
local governments to show permission from homeowners to remove disaster debris.
Additionally, FEMA may also require local governments to prove a pre-existing
legal obligation to remove disaster debris from homeowner associations. This may
be in the form of a contractual agreement between the homeowner association and
the local government or an obligation arising out of ordinance or statute. FEMA
does not consider a trash removal contract to meet the pre-existing legal
obligation standard.
U.S. Representatives Mark Sanford, Steve
Israel, and Jerrold Nadler have introduced legislation that eliminates bureaucratic
obstacles to disaster recovery in homeowner associations. H.R. 3863, the
Disaster Assistance Equity Act, ensures that local governments can meet the
disaster response needs of homeowner associations in the same manner as all
other neighborhoods in their communities.
If your homeowner association has been denied
federal disaster debris removal assistance, please contact CommunityAssociations Institute for more information on H.R. 3863 and the actions you
can take to jumpstart recovery in your neighborhood.
For more information on disaster assistance for
homeowner associations, visit the Community Associations Institute website on disaster assistance. For a deeper look at the
issue, read the Community Associations Institute white paper, Federal
Disaster Policy and Community Association Homeowners.
Email government@caionline.org
to share your neighborhood’s disaster recovery story and if your homeowner
association has been ruled eligible for debris removal assistance.
Additional resources for homeowner and
condominium associations—
