– Florida Statute Section 718.113(5) requires condo associations to adopt hurricane shutter specifications for each building and comply with building codes.
– The association can install hurricane shutters or impact glass with approval from the owners, unless the declaration of condominium states otherwise.
– If hurricane protection has already been installed, the board needs approval from the owners to make changes. 1. The association is responsible for maintaining, repairing, and replacing hurricane shutters, impact glass, code-compliant windows or doors if it is stated in the declaration of condominium.
2. If the declaration states that such items are the responsibility of the unit owners, then maintenance, repair, and replacement are the responsibility of the unit owners.
3. The board has the authority to operate hurricane protection materials if necessary to preserve and protect the association property.
4. The installation, replacement, operation, repair, and maintenance of hurricane protection materials is not considered a material alteration to the common elements or association property.
5. If the declaration requires owner approval, the board may not refuse the installation or replacement of hurricane protection materials by a unit owner conforming to the board’s specifications.
6. The expenses associated with hurricane protection materials are considered a common expense and shall be collected by the association if stated in the declaration.
7. If the declaration states that the responsibility for hurricane protection materials falls to the unit owners, the expense is charged individually to unit owners based on the cost appurtenant to the unit. – Unit owners who have installed hurricane shutters, impact glass, or code-compliant windows or doors are eligible for a credit if the association decides to install such items uniformly on the property.
– Unit owners who have installed other code-compliant hurricane protection items will receive a credit equal to the pro rata portion of the assessed installation cost if the association decides to install the same item uniformly.
– Owners will only receive credit if the association installs the same type of hurricane protection already existing on the unit. They will still be responsible for their share of expenses for any additional hurricane protection installed on common elements and association property by the board.
https://www.jimersonfirm.com/blog/2013/10/hurricane-protection-installation-and-expenses-for-floridas-condominium-associations/
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