Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 530
       
       
       
       
       
       
                                Barcode 818234                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Community Affairs (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 634 and 635
    4  insert:
    5         Section 3. Subsection (5) of section 718.113, Florida
    6  Statutes, is amended to read:
    7         718.113 Maintenance; limitation upon improvement; display
    8  of flag; hurricane shutters; display of religious decorations.—
    9         (5) Each board of administration shall adopt hurricane
   10  shutter specifications for each building within each condominium
   11  operated by the association which shall include color, style,
   12  and other factors deemed relevant by the board. All
   13  specifications adopted by the board must shall comply with the
   14  applicable building code.
   15         (a) The board may, subject to the provisions of s.
   16  718.3026, and the approval of a majority of voting interests of
   17  the condominium, install hurricane shutters, impact glass or
   18  other code-compliant windows, or hurricane protection that
   19  complies with or exceeds the applicable building code. However,
   20  or both, except that a vote of the owners is not required if the
   21  maintenance, repair, and replacement of hurricane shutters,
   22  impact glass, or other code-compliant windows or other forms of
   23  hurricane protection are the responsibility of the association
   24  pursuant to the declaration of condominium. If However, where
   25  hurricane protection or laminated glass or window film
   26  architecturally designed to function as hurricane protection
   27  which complies with or exceeds the current applicable building
   28  code has been previously installed, the board may not install
   29  hurricane shutters, or other hurricane protection, or impact
   30  glass or other code-compliant windows except upon approval by a
   31  majority vote of the voting interests.
   32         (b) The association is shall be responsible for the
   33  maintenance, repair, and replacement of the hurricane shutters
   34  or other hurricane protection authorized by this subsection if
   35  such hurricane shutters or other hurricane protection is the
   36  responsibility of the association pursuant to the declaration of
   37  condominium. If the hurricane shutters or other hurricane
   38  protection is authorized by this subsection are the
   39  responsibility of the unit owners pursuant to the declaration of
   40  condominium, the responsibility for the maintenance, repair, and
   41  replacement of such items is shall be the responsibility of the
   42  unit owner.
   43         (c) The board may operate shutters installed pursuant to
   44  this subsection without permission of the unit owners only if
   45  where such operation is necessary to preserve and protect the
   46  condominium property and association property. The installation,
   47  replacement, operation, repair, and maintenance of such shutters
   48  in accordance with the procedures set forth in this paragraph
   49  are herein shall not be deemed a material alteration to the
   50  common elements or association property within the meaning of
   51  this section.
   52         (d) Notwithstanding any other provision to the contrary in
   53  the condominium documents, if approval is required by the
   54  documents, a board may shall not refuse to approve the
   55  installation or replacement of hurricane shutters by a unit
   56  owner conforming to the specifications adopted by the board.
   57  
   58  ================= T I T L E  A M E N D M E N T ================
   59         And the title is amended as follows:
   60         Delete line 17
   61  and insert:
   62         board director; amending s. 718.113, F.S.; authorizing
   63         the board of a condominium association to install
   64         impact glass or other code-compliant windows under
   65         certain circumstances; amending s. 718.114, F.S.;
   66         requiring