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Reso 2024-3630
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Reso 2024-3630
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Last modified
2/22/2024 4:44:54 PM
Creation date
2/22/2024 10:43:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3630
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Support of FL Senate Bill 1178, relating to Governance of Condo & Cooperative Associations & the practive of Community Assoc Management.
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BILL: CS/SB 1178 <br />Page 30 <br />the costs of installation of hurricane protection are enforceable as an assessment and may be <br />collected in the manner provided under s. 718.116, F.S. <br />Further, s. 718.115(1)(e), F.S., states that a unit owner who has previously installed code - <br />compliant shutters, impact glass, windows, or doors, must receive a credit when code -compliant <br />shutters, impact glass, windows, or doors are installed. A unit owner who has previously <br />installed impact glass or code -compliant windows or doors that comply with the current <br />applicable building code, must receive a credit when the impact glass or code -compliant <br />windows or doors are installed. A unit owner who has installed other types of code -compliant <br />hurricane protection that comply with the currently applicable building code is entitled to receive <br />a credit when the same type of other code -compliant hurricane protection is installed, and the <br />credit must be equal to the pro rata portion of the assessed installation cost assigned to each unit. <br />Effect of Proposed Changes <br />The bill substantially revises the existing hurricane protection provisions in ch. 718, F.S. <br />The bill creates s. 718.103(19), F.S., to define "hurricane protection" to mean "hurricane <br />shutters, impact glass, code -compliant windows or doors, and other code -compliant hurricane <br />protection products used to preserve and protect the condominium property or association <br />property." <br />The bill clarifies the responsibilities of unit owners and associations for the costs of maintenance, <br />repair, and replacement of hurricane protections exterior doors, windows, and glass apertures. <br />The bill amends s. 718.104(4)(p), F.S., relating to the creation of condominiums, to require the <br />declarations of residential condominiums and mixed-use condominiums specify whether the unit <br />owner or the association is responsible for the installation, maintenance, repair, or replacement of <br />hurricane protection that is for the preservation and protection of the condominium property and <br />association property. <br />The bill amends s. 718.113(5), F.S., to provide that, to protect the health, safety, and welfare of <br />the people of this state and to ensure uniformity and consistency in the hurricane protections <br />installed by condominium associations and unit owners, the hurricane protection provisions <br />apply to all residential and mixed-use condominiums in Florida, regardless of when the <br />condominium is created pursuant to the declaration. The bill provides that the installation, <br />maintenance, repair, replacement, and operation of hurricane protection in accordance with the <br />hurricane protection requirements is not considered a material alteration or substantial addition to <br />the common elements or association property. <br />Under the bill, a vote of the unit owners to require the installation of hurricane protection must <br />be set forth in a certificate attesting to such vote and include the date that the hurricane <br />protection must be installed. The board must record the certificate in the public records of the <br />county where the condominium is located. The certificate must include the recording data <br />identifying the declaration of the condominium and must be executed in the form required for the <br />execution of a deed. Once the certificate is recorded, the board must mail or hand -deliver a copy <br />of the recorded certificate to the unit owners at the owners' address as reflected in the records of <br />the association. The board may provide a copy of the recorded certificate by electronic <br />340 <br />
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