Broward County’s New Elevator Outage Ordinance: Compliance Required by June 23, 2026
Broward County has adopted a new ordinance affecting residential condominium communities that will take effect on June 23, 2026. The ordinance was enacted in response to concerns over prolonged elevator outages, particularly in buildings serving elderly residents and individuals with mobility limitations.
What Does the Ordinance Require?
The ordinance imposes two primary obligations on residential condominium associations:
- If a building experiences a complete elevator outage lasting more than twenty-four (24) hours and the Association’s elevator contractor cannot restore service within that time, the Association must attempt to engage an alternative registered elevator contractor, unless restricted by an existing service agreement or warranty.
- Associations must maintain and prominently post an Elevator Emergency Outage Plan containing:
- Primary elevator contractor contact information;
- Alternate contractor information, if permitted by contract;
- Procedures for reporting outages and requesting repairs;
- Resident communication protocols; and
- Reasonable accommodation procedures for residents with mobility limitations.
Accommodation Procedures
While the ordinance requires associations to address accommodations for residents with mobility limitations, Boards should exercise caution when developing these procedures. Associations should avoid assuming responsibilities that could expose the community to liability, such as requiring board members, management personnel, staff, or volunteers to physically assist residents up or down stairwells during an outage.
Instead, plans should focus on reasonable administrative accommodations, such as:
- Coordinating grocery, package, and prescription deliveries;
- Providing information regarding local emergency assistance resources;
- Establishing communication procedures for residents requesting assistance; and
Review Elevator Contracts Immediately
Before implementing backup contractor procedures, Boards should review all elevator-related contracts and warranties. Many maintenance agreements contain exclusivity provisions, warranty restrictions, or other limitations that may prohibit third-party repairs.
Associations should have legal counsel review:
- Elevator maintenance agreements;
- Service contracts;
- Equipment and repair warranties;
- Manufacturer maintenance requirements; and
- Insurance requirements relating to elevator operation and repairs.
Information Associations Should Gather
To prepare for compliance, Boards and managers should assemble:
- Elevator maintenance and service agreements;
- Elevator warranties and repair warranties;
- Primary contractor contact information;
- Alternate contractor information, if permitted;
- Existing outage response procedures;
- Resident communication procedures;
- Elevator inspection and maintenance records; and
- Applicable insurance policies and carrier requirements.
Recommended Action
Given the short implementation period, Boards should immediately begin reviewing their elevator service agreements and developing the required outage response plan. Associations should work closely with management, elevator vendors, insurance professionals, and legal counsel to ensure compliance while minimizing contractual and liability risks.
Our office is currently assisting Broward County associations with reviewing elevator maintenance contracts, evaluating warranty restrictions, and preparing compliant Elevator Emergency Outage Plans. Associations with elevator systems should act promptly to ensure compliance before the June 23, 2026, deadline.