Florida Senate - 2023 SB 556
By Senator Hooper
21-01078-23 2023556__
1 A bill to be entitled
2 An act relating to hurricane protection for
3 condominium associations; amending s. 718.103, F.S.;
4 defining the term “hurricane protection”; amending s.
5 718.104, F.S.; requiring declarations to specify the
6 entity responsible for the installation, maintenance,
7 repair, or replacement of hurricane protection;
8 amending s. 718.113, F.S.; providing applicability;
9 authorizing, rather than requiring, certain hurricane
10 protection specifications; specifying that certain
11 actions are not material alterations or substantial
12 additions; authorizing the boards of residential and
13 mixed-use condominiums to install or require the unit
14 owners to install hurricane protection; requiring a
15 vote of the unit owners for the installation of
16 hurricane protection; requiring that such vote be
17 attested to in a certificate and recorded in certain
18 public records; providing requirements for such
19 certificate; providing that the validity or
20 enforceability of a vote of the unit owners is not
21 affected if the board fails to record a certificate or
22 send a copy of the recorded certificate to the unit
23 owners; providing that a vote of the unit owners is
24 not required under certain circumstances; prohibiting
25 installation of the same type of hurricane protection
26 previously installed; providing exceptions;
27 prohibiting the boards of residential and mixed-use
28 condominiums from refusing to approve certain
29 hurricane protections; authorizing the board to
30 require owners to adhere to certain guidelines
31 regarding the external appearance of a condominium;
32 revising responsibility for the removal or
33 reinstallation of hurricane protection; authorizing
34 the association to charge certain expenses to unit
35 owners; specifying that such charges are enforceable
36 as assessments under certain circumstances; amending
37 s. 718.115, F.S.; specifying when the cost of
38 installation of hurricane protection is not a common
39 expense; authorizing certain expenses to be
40 enforceable as assessments; requiring certain unit
41 owners to be excused from certain assessments or to
42 receive a credit for hurricane protection that has
43 been installed; providing credit applicability under
44 certain circumstances; providing for the amount of
45 credit that a unit owner must receive; specifying that
46 certain expenses are common expenses; providing an
47 effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Present subsections (18) through (31) of section
52 718.103, Florida Statutes, are redesignated as subsections (19)
53 through (32), respectively, and a new subsection (18) is added
54 to that section, to read:
55 718.103 Definitions.—As used in this chapter, the term:
56 (18) “Hurricane protection” means hurricane shutters,
57 impact glass, code-compliant windows or doors, and other code
58 compliant hurricane protection products used to preserve and
59 protect the condominium property or association property.
60 Section 2. Paragraph (p) is added to subsection (4) of
61 section 718.104, Florida Statutes, to read:
62 718.104 Creation of condominiums; contents of declaration.
63 Every condominium created in this state shall be created
64 pursuant to this chapter.
65 (4) The declaration must contain or provide for the
66 following matters:
67 (p) For both residential condominiums and mixed-use
68 condominiums, specify whether the unit owner or the association
69 is responsible for the installation, maintenance, repair, or
70 replacement of hurricane protection that is for the preservation
71 and protection of the condominium property and association
72 property.
73 Section 3. Subsection (5) of section 718.113, Florida
74 Statutes, is amended to read:
75 718.113 Maintenance; limitation upon improvement; display
76 of flag; hurricane shutters and protection; display of religious
77 decorations.—
78 (5) To protect the health, safety, and welfare of the
79 people of this state and to ensure uniformity and consistency in
80 the hurricane protections installed by condominium associations
81 and unit owners, this subsection applies to all residential and
82 mixed-use condominiums in this state, regardless of when the
83 condominium is created pursuant to the declaration of
84 condominium. Each board of administration of a residential
85 condominium or mixed-use condominium must shall adopt hurricane
86 protection shutter specifications for each building within each
87 condominium operated by the association which may shall include
88 color, style, and other factors deemed relevant by the board.
89 All specifications adopted by the board must comply with the
90 applicable building code. The installation, maintenance, repair,
91 replacement, and operation of hurricane protection in accordance
92 with this subsection is not considered a material alteration or
93 substantial addition to the common elements or association
94 property within the meaning of this section.
95 (a) The board may, subject to s. 718.3026 and the approval
96 of a majority of voting interests of the residential condominium
97 or mixed-use condominium, install or require that unit owners
98 install hurricane shutters, impact glass, code-compliant windows
99 or doors, or other types of code-compliant hurricane protection
100 that complies comply with or exceeds exceed the applicable
101 building code. A vote of the unit owners to require the
102 installation of hurricane protection must be set forth in a
103 certificate attesting to such vote and include the date that the
104 hurricane protection must be installed. The board must record
105 the certificate in the public records of the county where the
106 condominium is located. The certificate must include the
107 recording data identifying the declaration of the condominium
108 and must be executed in the form required for the execution of a
109 deed. Once the certificate is recorded, the board must mail or
110 hand-deliver a copy of the recorded certificate to the unit
111 owners at the owners’ address as reflected in the records of the
112 association. The board may provide a copy of the recorded
113 certificate by electronic transmission to unit owners who
114 previously consented to receive notice by electronic
115 transmission. The failure to record the certificate or send a
116 copy of the recorded certificate to the unit owners does not
117 affect the validity or enforceability of the vote of the unit
118 owners. However, A vote of the unit owners under this paragraph
119 is not required if the installation, maintenance, repair, and
120 replacement of the hurricane shutters, impact glass, code
121 compliant windows or doors, or other types of code-compliant
122 hurricane protection, or any exterior windows, doors, or other
123 apertures protected by the hurricane protection, is are the
124 responsibility of the association pursuant to the declaration of
125 condominium as originally recorded or as amended, or if the unit
126 owners are required to install hurricane protection pursuant to
127 the declaration of condominium as originally recorded or as
128 amended. If hurricane protection or laminated glass or window
129 film architecturally designed to function as hurricane
130 protection that complies with or exceeds the current applicable
131 building code has been previously installed, the board may not
132 install the same type of hurricane shutters, impact glass, code
133 compliant windows or doors, or other types of code-compliant
134 hurricane protection or require that unit owners install the
135 same type of hurricane protection unless the installed hurricane
136 protection has reached the end of its useful life or is
137 necessary to prevent damage to the common elements or to a unit
138 except upon approval by a majority vote of the voting interests.
139 (b) The association is responsible for the maintenance,
140 repair, and replacement of the hurricane shutters, impact glass,
141 code-compliant windows or doors, or other types of code
142 compliant hurricane protection authorized by this subsection if
143 such property is the responsibility of the association pursuant
144 to the declaration of condominium. If the hurricane shutters,
145 impact glass, code-compliant windows or doors, or other types of
146 code-compliant hurricane protection are the responsibility of
147 the unit owners pursuant to the declaration of condominium, the
148 maintenance, repair, and replacement of such items are the
149 responsibility of the unit owner.
150 (b)(c) The board may operate shutters, impact glass, code
151 compliant windows or doors, or other types of code-compliant
152 hurricane protection installed pursuant to this subsection
153 without permission of the unit owners only if such operation is
154 necessary to preserve and protect the condominium property or
155 and association property. The installation, replacement,
156 operation, repair, and maintenance of such shutters, impact
157 glass, code-compliant windows or doors, or other types of code
158 compliant hurricane protection in accordance with the procedures
159 set forth in this paragraph are not a material alteration to the
160 common elements or association property within the meaning of
161 this section.
162 (c)(d) Notwithstanding any other provision in the
163 residential condominium or mixed-use condominium documents, if
164 approval is required by the documents, a board may not refuse to
165 approve the installation or replacement of hurricane shutters,
166 impact glass, code-compliant windows or doors, or other types of
167 code-compliant hurricane protection by a unit owner which
168 conforms conforming to the specifications adopted by the board.
169 However, a board may require the unit owner to adhere to an
170 existing unified building scheme regarding the external
171 appearance of the condominium.
172 (d) A unit owner may be responsible for the cost of any
173 removal or reinstallation of hurricane protection if the unit
174 owner installed the hurricane protection and its removal is
175 necessary for the maintenance, repair, or replacement of the
176 condominium property or association property for which the
177 association is responsible. The board shall determine if the
178 removal or reinstallation of hurricane protection must be
179 completed by the unit owner or the association. If such removal
180 or reinstallation is completed by the association, the costs
181 incurred by the association may be charged to the unit owner. If
182 the association charges the unit owner for the removal or
183 installation of hurricane protection, such charges are
184 enforceable as an assessment and may be collected in the manner
185 provided under s. 718.116.
186 Section 4. Paragraph (e) of subsection (1) of section
187 718.115, Florida Statutes, is amended to read:
188 718.115 Common expenses and common surplus.—
189 (1)
190 (e)1. The expense of installation, replacement, operation,
191 repair, and maintenance of hurricane shutters, impact glass,
192 code-compliant windows or doors, or other types of code
193 compliant hurricane protection by the board pursuant to s.
194 718.113(5) constitutes a common expense and shall be collected
195 as provided in this section if the association is responsible
196 for the maintenance, repair, and replacement of the hurricane
197 shutters, impact glass, code-compliant windows or doors, or
198 other types of code-compliant hurricane protection pursuant to
199 the declaration of condominium. However, If the installation of
200 maintenance, repair, and replacement of the hurricane shutters,
201 impact glass, code-compliant windows or doors, or other types of
202 code-compliant hurricane protection is are the responsibility of
203 the unit owners pursuant to the declaration of condominium or a
204 vote of the unit owners under s. 718.113(5), the cost of the
205 installation of the hurricane shutters, impact glass, code
206 compliant windows or doors, or other types of code-compliant
207 hurricane protection by the association is not a common expense
208 and must shall be charged individually to the unit owners based
209 on the cost of installation of the hurricane shutters, impact
210 glass, code-compliant windows or doors, or other types of code
211 compliant hurricane protection appurtenant to the unit. The
212 costs of installation of hurricane protection are enforceable as
213 an assessment and may be collected in the manner provided under
214 s. 718.116.
215 2. Notwithstanding s. 718.116(9), and regardless of whether
216 or not the declaration requires the association or unit owners
217 to install, maintain, repair, or replace hurricane shutters,
218 impact glass, code-compliant windows or doors, or other types of
219 code-compliant hurricane protection, the a unit owner of a unit
220 where who has previously installed hurricane shutters in
221 accordance with s. 718.113(5) that comply with the current
222 applicable building code shall receive a credit when the
223 shutters are installed; a unit owner who has previously
224 installed impact glass or code-compliant windows or doors that
225 comply with the current applicable building code shall receive a
226 credit when the impact glass or code-compliant windows or doors
227 are installed; and a unit owner who has installed other types of
228 code-compliant hurricane protection that complies comply with
229 the current applicable building code has been installed is
230 excused from any assessment levied by the association or shall
231 receive a credit if when the same type of other code-compliant
232 hurricane protection is installed by the association, and the
233 credit shall be equal to the pro rata portion of the assessed
234 installation cost assigned to each unit. A credit is applicable
235 if the installation of hurricane protection is for all other
236 units that do not have hurricane protection and the cost of such
237 installation is funded by the association’s budget, including
238 the use of reserve funds. The credit must be equal to the amount
239 that the unit owner would have been assessed to install the
240 hurricane protection. However, such unit owner remains
241 responsible for the pro rata share of expenses for hurricane
242 shutters, impact glass, code-compliant windows or doors, or
243 other types of code-compliant hurricane protection installed on
244 common elements and association property by the board pursuant
245 to s. 718.113(5) and remains responsible for a pro rata share of
246 the expense of the replacement, operation, repair, and
247 maintenance of such shutters, impact glass, code-compliant
248 windows or doors, or other types of code-compliant hurricane
249 protection. Expenses for the installation, replacement,
250 operation, repair, or maintenance of hurricane protection on
251 common elements and association property are common expenses.
252 Section 5. This act shall take effect July 1, 2023.