| 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 | complieswith 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 | 
 | 
| 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 |