Community Association Hurricane Preparation

To begin with, each condo association board must adopt hurricane shutter specifications for each building within the condominium operated by the association, and all adopted specifications must comply with applicable building codes. Fla. Stat. § 718.113(5) (2013). Beyond that, what the condo association must do depends in large part on what its declaration of condominium says. The Florida Statutes provide that the board may install hurricane shutters, impact glass, code-compliant windows or doors, etc. that comply with or exceed the applicable building code. An approval of a majority of the voting interests of the condominium is necessary for the association to commence such installation; however, a vote of the owners is not required if the declaration of condominium expressly states that the maintenance, repair and replacement of such items are the responsibility of the association. Fla. Stat. § 718.113(5)(a) (2013). Conversely, if hurricane protection or laminated glass or window film architecturally designed to function as hurricane protection, which also meets the applicable building code, has been previously installed, the board may not install hurricane shutters, impact glass, code-compliant windows or doors, etc. without approval by a majority vote of the voting interests. The association is responsible for the maintenance, repair and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, etc., but only if such items are the responsibility of the association according its declaration of condominium. If the declaration of condominium states that such items are the responsibility of the unit owners, then the maintenance, repair and replacement of such items are also the responsibility of the unit owners, not the association. Fla. Stat. § 718.113(5)(b) (2013). The board may also operate shutters, impact glass, code-compliant windows or doors, etc. without the permission of the unit owners but only if such operation is necessary to preserve and protect the condominium association property. The installation, replacement, operation, repair, and maintenance of such items according to the procedures set for in that statute are not considered a material alteration to the common elements or association property. Fla. Stat. § 718.113(5)(c) (2013). Also, if the declaration of condominium requires owner approval, the board may not refuse to approve the installation or replacement of hurricane shutters, impact glass, code-compliant window or doors, etc. by a unit owner conforming to the specifications adopted by the board. Fla. Stat. § 718.113(5)(d) (2013).