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Can A Condo Require Previously Installed Hurricane Shutters if a Unit Owner Replaces Them With Impact Glass?

Can a condominium association require a unit owner who has installed impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, in accordance with Section 718.113(5)(d), Florida Statutes, to also install, reinstall, maintain, repair and replace previously installed roll-down hurricane shutters, in accordance with the requirements of the Condominium Declaration, when the Declaration limits its application to the Florida Condominium Act?

That’s the question a Petition for Declaratory Statement asks that was filed on April 27, 2018 seeking the opinion of Florida’s Division of Condominiums, Timeshares, and Mobile Homes as to the applicability of Section 718.113(5)(d), Florida Statutes, as it applies to the petitioner in regard to the Gardenia Oceanfront Condominium Association.

Section 718.113(5)(d), Florida Statutes relating to Condominium Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations reads:

(5) Each board of administration of a residential condominium shall adopt hurricane shutter specifications for each building within each condominium operated by the association which shall include color, style, and other factors deemed relevant by the board. All specifications adopted by the board must comply with the applicable building code.

(d) Notwithstanding any other provision in the residential condominium documents, if approval is required by the documents, a board may not refuse to approve the installation or replacement of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a unit owner conforming to the specifications adopted by the board.

 

Colodny Fass will be following the issue as it develops.