As we enter Florida’s hurricane season, condominium unit owners should consider how they can protect their property.
Pursuant to Section 718.113(5), Florida Statutes, condominium associations must adopt hurricane shutter specifications for each building operated by the association. All specifications must comply with the applicable building code.
Most importantly, an association may not prohibit unit owners from installing hurricane shutters, impact glass, and other code-compliant hurricane protections that otherwise conform to the specifications adopted by the board.
Still, unit owners should ensure that their hurricane protections are installed properly and in conformity with the association’s specifications. An association may require particular size, shape, color, and other specifications for hurricane shutters or impact windows. It is not uncommon for unit owners to install expensive hurricane impact windows or shutters, only to be forced by their association to remove same for failure to comply with the requisite specifications.
Additionally, unit owners may subject themselves to liability if their hurricane protections are installed improperly and cause damage to other units or the association’s property. Unit owners should properly vet their contractor and ensure that the work is performed to industry standards and pursuant to the applicable building codes. Unit owners may consider using the association’s preferred contractor and otherwise working with the association to install hurricane protections.
Nonetheless, condo associations may install hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protections on their own upon obtaining majority unit owner approval. However, if the declaration states that hurricane protections are the association’s responsibility, then unit owner approval is not required. Further, the installation, replacement, operation, repair, and maintenance of hurricane shutters is not considered a material alteration to the common elements or association property
If you have a dispute with your condominium association regarding hurricane protections, please do not hesitate to schedule a consultation with our office.
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