| 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 |