1 | Representative Robaina offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 1487-1511 and insert: |
5 | applicable building code. Notwithstanding any provision to the |
6 | contrary in the condominium documents, if approval is required |
7 | by the documents, a board shall not refuse to approve the |
8 | installation or replacement of hurricane shutters conforming to |
9 | the specifications adopted by the board. |
10 | (a) The board may, subject to the provisions of s. |
11 | 718.3026, and the approval of a majority of voting interests of |
12 | the condominium, install hurricane shutters or hurricane |
13 | protection that complies with or exceeds the applicable building |
14 | code, or both and may maintain, repair, or replace such approved |
15 | hurricane shutters, whether on or within common elements, |
16 | limited common elements, units, or association property. |
17 | However, where hurricane protection that complies with or |
18 | exceeds the applicable building code or laminated glass or |
19 | window film architecturally designed to function as hurricane |
20 | protection which complies with the applicable building code has |
21 | been installed, the board may not install hurricane shutters. |
22 | (b) The association shall be responsible for the |
23 | maintenance, repair, and replacement of the hurricane shutters |
24 | or other hurricane protection authorized by this subsection if |
25 | such hurricane shutters or other hurricane protection are the |
26 | responsibility of the association pursuant to the declaration of |
27 | condominium. If the hurricane shutters or other hurricane |
28 | protection authorized by this subsection are the responsibility |
29 | of the unit owners pursuant to the declaration of condominium, |
30 | the responsibility for the maintenance, repair, and replacement |
31 | of such items shall be the responsibility of the unit owner. |
32 | (c) The board may operate shutters installed pursuant to |
33 | this subsection without permission of the unit owners only where |
34 | such operation is necessary to preserve and protect the |
35 | condominium property and association property. The installation, |
36 | replacement, operation, repair, and maintenance of such shutters |
37 | in accordance with the procedures set forth herein shall not be |
38 | deemed a material alteration to the common elements or |
39 | association property within the meaning of this section. |
40 | (d) Notwithstanding any provision to the contrary in the |
41 | condominium documents, if approval is required by the documents, |
42 | a board shall not refuse to approve the installation or |
43 | replacement of hurricane shutters by a unit owner conforming to |
44 | the specifications adopted by the board. |
45 | Section 10. Paragraph (e) of subsection (1) of section |
46 | 718.115, Florida Statutes, is amended to read: |
47 | 718.115 Common expenses and common surplus.-- |
48 | (1) |
49 | (e) The expense of installation, replacement, operation, |
50 | repair, and maintenance of hurricane shutters or other hurricane |
51 | protection by the board pursuant to s. 718.113(5) shall |
52 | constitute a common expense as defined herein and shall be |
53 | collected as provided in this section if the association is |
54 | responsible for the maintenance, repair, and replacement of the |
55 | hurricane shutters or other hurricane protection pursuant to the |
56 | declaration of condominium. However, if the maintenance, repair, |
57 | and replacement of the hurricane shutters or other hurricane |
58 | protection is the responsibility of the unit owners pursuant to |
59 | the declaration of condominium, the cost of the installation of |
60 | the hurricane shutters or other hurricane protection shall not |
61 | be a common expense, but shall be charged individually to the |
62 | unit owners based on the cost of installation of the hurricane |
63 | shutters or other hurricane protection appurtenant to the unit. |
64 | Notwithstanding the provisions of s. 718.116(9), and regardless |
65 | of whether or not the declaration requires the association or |
66 | unit owners maintain, repair, or replace hurricane shutters or |
67 | other hurricane protection a unit owner who has previously |
68 | installed hurricane shutters in accordance with s. 718.113(5) |
69 | other hurricane protection or laminated glass architecturally |
70 | designed to function as hurricane protection, which hurricane |
71 | shutters or other hurricane protection or laminated glass comply |
72 | complies with the current applicable building code shall receive |
73 | a credit equal to the pro rata portion of the assessed |
74 | installation cost assigned to each unit. However, such unit |
75 | owner shall remain responsible for the pro rata share of |
76 | expenses for hurricane shutters or other hurricane protection |
77 | installed on common elements and association property by the |
78 | board pursuant to s. 718.113(5), and shall remain responsible |
79 | for a pro rata share of the expense of the replacement, |
80 | operation, repair, and maintenance of such shutters or other |
81 | hurricane protection. |
82 |
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83 | ----------------------------------------------------- |
84 | T I T L E A M E N D M E N T |
85 | Remove line 87 and insert: |
86 | hurricane shutters under certain circumstances; providing for |
87 | the maintenance, repair, and replacement of hurricane shutters |
88 | or other hurricane protection; prohibiting a board from refusing |
89 | to approve the installation or replacement of hurricane shutters |
90 | by a unit owner under certain conditions; amending s. 718.115, |
91 | F.S.; providing the expense of installation, replacement, |
92 | operation, repair, and maintenance of hurricane shutters or |
93 | other hurricane protection shall constitute either a common |
94 | expense or shall be charged individually to the unit owners |
95 | under certain conditions; requiring |