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BILL: CS/SB 1178
<br />Hurricane Protection — Condominiums
<br />Present Situation
<br />Chapter 718, F.S., does not define the term "hurricane protection."
<br />Page 29
<br />Section 718.113(5)(b), F.S., provides that a condominium association is responsible for the
<br />maintenance, repair, and replacement of the hurricane shutters, impact glass, code -compliant
<br />windows or doors, or other types of code -compliant hurricane protection authorized by this
<br />subsection if such property is the responsibility of the association pursuant to the declaration of
<br />condominium. If the hurricane shutters, impact glass, code -compliant windows or doors, or other
<br />types of code -compliant hurricane protection are the responsibility of the unit owners pursuant to
<br />the declaration of condominium, the maintenance, repair, and replacement of such items are the
<br />responsibility of the unit owner.
<br />Section 718.113(5)(c), F.S., authorizes the board to operate shutters, impact glass, code -
<br />compliant windows or doors, or other types of code -compliant hurricane protection installed
<br />pursuant to this subsection without the permission of the unit owners only if such operation is
<br />necessary to preserve and protect the condominium property or and association property. The
<br />installation, replacement, operation, repair, and maintenance of such shutters, impact glass, code -
<br />compliant windows or doors, or other types of code -compliant hurricane protection in
<br />accordance with the procedures set forth in s. 718.113(5)(c), F.S., are not a material alteration to
<br />the common elements or association property.77
<br />Section 718.113(5)(d), F.S., provides that, notwithstanding any other provision in the residential
<br />condominium documents, if approval is required by the documents, a board may not refuse to
<br />approve the installation or replacement of hurricane protection by a unit owner conforming to the
<br />specifications adopted by the board.
<br />Section 718.115(1)(e), F.S., requires that the expense of installation, replacement, operation,
<br />repair, and maintenance of hurricane shutters, impact glass, code -compliant windows or doors, or
<br />other types of code -compliant hurricane protection by the board pursuant to s. 718.113(5), F.S.,
<br />constitutes a common expense and shall be collected as provided in this section if the association
<br />is responsible for the maintenance, repair, and replacement of the hurricane shutters, impact
<br />glass, code -compliant windows or doors, or other types of code -compliant hurricane protection
<br />pursuant to the declaration of condominium. Section 718.115(1)(e)1., F.S., does not indicate that
<br />provide an estoppel certificate to provide to the prospective purchaser of the unit. The estoppel certificate protects the new
<br />owner against undisclosed financial obligations and transfers title to the property free of any lien or encumbrance in favor of
<br />the association. An estoppel certificate certifies the amount of any total debt owed to the association for unpaid monetary
<br />obligations by a unit or parcel owner as of a specified date, and provides additional information regarding the association,
<br />such as the amount of any regular periodic assessments or special assessments.
<br />11 Section 718.110, F.S., provides the procedure for amending the declaration of condominium. It provides that, "unless
<br />otherwise provided in the declaration as originally recorded, no amendment may change the configuration or size of any unit
<br />in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by
<br />which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium
<br />unless the record owner of the unit and all record owners of liens on the unit join in the execution of the amendment and
<br />unless all the record owners of all other units in the same condominium approve the amendment."
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