| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (905987) (with title |
| 4 | amendment) |
| 5 | Remove lines 1487-1527 and insert: |
| 6 | applicable building code. Notwithstanding any provision to the |
| 7 | contrary in the condominium documents, if approval is required |
| 8 | by the documents, a board shall not refuse to approve the |
| 9 | installation or replacement of hurricane shutters conforming to |
| 10 | the specifications adopted by the board. |
| 11 | (a) The board may, subject to the provisions of s. |
| 12 | 718.3026, and the approval of a majority of voting interests of |
| 13 | the condominium, install hurricane shutters or hurricane |
| 14 | protection that complies with or exceeds the applicable building |
| 15 | code, or both and may maintain, repair, or replace such approved |
| 16 | hurricane shutters, whether on or within common elements, |
| 17 | limited common elements, units, or association property. |
| 18 | However, where hurricane protection that complies with or |
| 19 | exceeds the applicable building code or laminated glass or |
| 20 | window film architecturally designed to function as hurricane |
| 21 | protection which complies with the applicable building code has |
| 22 | been installed, the board may not install hurricane shutters. |
| 23 | (b) The association shall be responsible for the |
| 24 | maintenance, repair, and replacement of the hurricane shutters |
| 25 | or other hurricane protection authorized by this subsection if |
| 26 | such hurricane shutters or other hurricane protection are the |
| 27 | responsibility of the association pursuant to the declaration of |
| 28 | condominium. If the hurricane shutters or other hurricane |
| 29 | protection authorized by this subsection are the responsibility |
| 30 | of the unit owners pursuant to the declaration of condominium, |
| 31 | the responsibility for the maintenance, repair, and replacement |
| 32 | of such items shall be the responsibility of the unit owner. |
| 33 | (c) The board may operate shutters installed pursuant to |
| 34 | this subsection without permission of the unit owners only where |
| 35 | such operation is necessary to preserve and protect the |
| 36 | condominium property and association property. The installation, |
| 37 | replacement, operation, repair, and maintenance of such shutters |
| 38 | in accordance with the procedures set forth herein shall not be |
| 39 | deemed a material alteration to the common elements or |
| 40 | association property within the meaning of this section. |
| 41 | (d) Notwithstanding any provision to the contrary in the |
| 42 | condominium documents, if approval is required by the documents, |
| 43 | a board shall not refuse to approve the installation or |
| 44 | replacement of hurricane shutters by a unit owner conforming to |
| 45 | the specifications adopted by the board. |
| 46 | (6) As to any condominium building greater than three |
| 47 | stories in height, at least every 5 years, and within 5 years if |
| 48 | not available for inspection on October 1, 2008, the board shall |
| 49 | have the condominium building inspected to provide a report |
| 50 | under seal of an architect or engineer authorized to practice in |
| 51 | this state attesting to required maintenance, useful life, and |
| 52 | replacement costs of the common elements. However, if approved |
| 53 | by a majority of the voting interests present at a properly |
| 54 | called meeting of the association, an association may waive this |
| 55 | requirement. Such meeting and approval must occur prior to the |
| 56 | end of the 5-year period and is effective only for that 5-year |
| 57 | period. |
| 58 | (7) An association may not refuse the request of a unit |
| 59 | owner for a reasonable accommodation for the attachment on the |
| 60 | mantle or frame of the door of the unit owner a religious object |
| 61 | not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep. |
| 62 | Section 10. Paragraph (e) of subsection (1) of section |
| 63 | 718.115, Florida Statutes, is amended to read: |
| 64 | 718.115 Common expenses and common surplus.-- |
| 65 | (1) |
| 66 | (e) The expense of installation, replacement, operation, |
| 67 | repair, and maintenance of hurricane shutters or other hurricane |
| 68 | protection by the board pursuant to s. 718.113(5) shall |
| 69 | constitute a common expense as defined herein and shall be |
| 70 | collected as provided in this section if the association is |
| 71 | responsible for the maintenance, repair, and replacement of the |
| 72 | hurricane shutters or other hurricane protection pursuant to the |
| 73 | declaration of condominium. However, if the maintenance, repair, |
| 74 | and replacement of the hurricane shutters or other hurricane |
| 75 | protection is the responsibility of the unit owners pursuant to |
| 76 | the declaration of condominium, the cost of the installation of |
| 77 | the hurricane shutters or other hurricane protection shall not |
| 78 | be a common expense, but shall be charged individually to the |
| 79 | unit owners based on the cost of installation of the hurricane |
| 80 | shutters or other hurricane protection appurtenant to the unit. |
| 81 | Notwithstanding the provisions of s. 718.116(9), and regardless |
| 82 | of whether or not the declaration requires the association or |
| 83 | unit owners maintain, repair, or replace hurricane shutters or |
| 84 | other hurricane protection a unit owner who has previously |
| 85 | installed hurricane shutters in accordance with s. 718.113(5) |
| 86 | other hurricane protection or laminated glass architecturally |
| 87 | designed to function as hurricane protection, which hurricane |
| 88 | shutters or other hurricane protection or laminated glass comply |
| 89 | complies with the current applicable building code shall receive |
| 90 | a credit equal to the pro rata portion of the assessed |
| 91 | installation cost assigned to each unit. However, such unit |
| 92 | owner shall remain responsible for the pro rata share of |
| 93 | expenses for hurricane shutters or other hurricane protection |
| 94 | installed on common elements and association property by the |
| 95 | board pursuant to s. 718.113(5), and shall remain responsible |
| 96 | for a pro rata share of the expense of the replacement, |
| 97 | operation, repair, and maintenance of such shutters or other |
| 98 | hurricane protection. |
| 99 |
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| 100 | ----------------------------------------------------- |
| 101 | T I T L E A M E N D M E N T |
| 102 | Remove lines 87-92 and insert: |
| 103 | hurricane shutters under certain circumstances; providing for |
| 104 | the maintenance, repair, and replacement of hurricane shutters |
| 105 | or other hurricane protection; prohibiting a board from refusing |
| 106 | to approve the installation or replacement of hurricane shutters |
| 107 | by a unit owner under certain conditions; requiring that the |
| 108 | board inspect certain condominium buildings and issue a report |
| 109 | thereupon; providing an exception; prohibiting the board from |
| 110 | refusing a request for reasonable accommodation for the |
| 111 | attachment to a unit of religious objects meeting certain size |
| 112 | specifications; amending s. 718.115, F.S.; providing the expense |
| 113 | of installation, replacement, operation, repair, and maintenance |
| 114 | of hurricane shutters or other hurricane protection shall |
| 115 | constitute either a common expense or shall be charged |
| 116 | individually to the unit owners under certain conditions; |