Amendment
Bill No. CS/HB 995
Amendment No. 905987
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
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3     Amendment (with title amendment)
4     Remove lines 1487-1511 and insert:
5applicable building code. Notwithstanding any provision to the
6contrary in the condominium documents, if approval is required
7by the documents, a board shall not refuse to approve the
8installation or replacement of hurricane shutters conforming to
9the specifications adopted by the board.
10     (a)  The board may, subject to the provisions of s.
11718.3026, and the approval of a majority of voting interests of
12the condominium, install hurricane shutters or hurricane
13protection that complies with or exceeds the applicable building
14code, or both and may maintain, repair, or replace such approved
15hurricane shutters, whether on or within common elements,
16limited common elements, units, or association property.
17However, where hurricane protection that complies with or
18exceeds the applicable building code or laminated glass or
19window film architecturally designed to function as hurricane
20protection which complies with the applicable building code has
21been installed, the board may not install hurricane shutters.
22     (b)  The association shall be responsible for the
23maintenance, repair, and replacement of the hurricane shutters
24or other hurricane protection authorized by this subsection if
25such hurricane shutters or other hurricane protection are the
26responsibility of the association pursuant to the declaration of
27condominium. If the hurricane shutters or other hurricane
28protection authorized by this subsection are the responsibility
29of the unit owners pursuant to the declaration of condominium,
30the responsibility for the maintenance, repair, and replacement
31of such items shall be the responsibility of the unit owner.
32     (c)  The board may operate shutters installed pursuant to
33this subsection without permission of the unit owners only where
34such operation is necessary to preserve and protect the
35condominium property and association property. The installation,
36replacement, operation, repair, and maintenance of such shutters
37in accordance with the procedures set forth herein shall not be
38deemed a material alteration to the common elements or
39association property within the meaning of this section.
40     (d)  Notwithstanding any provision to the contrary in the
41condominium documents, if approval is required by the documents,
42a board shall not refuse to approve the installation or
43replacement of hurricane shutters by a unit owner conforming to
44the specifications adopted by the board.
45     Section 10.  Paragraph (e) of subsection (1) of section
46718.115, Florida Statutes, is amended to read:
47     718.115  Common expenses and common surplus.--
48     (1)
49     (e)  The expense of installation, replacement, operation,
50repair, and maintenance of hurricane shutters or other hurricane
51protection by the board pursuant to s. 718.113(5) shall
52constitute a common expense as defined herein and shall be
53collected as provided in this section if the association is
54responsible for the maintenance, repair, and replacement of the
55hurricane shutters or other hurricane protection pursuant to the
56declaration of condominium. However, if the maintenance, repair,
57and replacement of the hurricane shutters or other hurricane
58protection is the responsibility of the unit owners pursuant to
59the declaration of condominium, the cost of the installation of
60the hurricane shutters or other hurricane protection shall not
61be a common expense, but shall be charged individually to the
62unit owners based on the cost of installation of the hurricane
63shutters or other hurricane protection appurtenant to the unit.
64Notwithstanding the provisions of s. 718.116(9), and regardless
65of whether or not the declaration requires the association or
66unit owners maintain, repair, or replace hurricane shutters or
67other hurricane protection a unit owner who has previously
68installed hurricane shutters in accordance with s. 718.113(5)
69other hurricane protection or laminated glass architecturally
70designed to function as hurricane protection, which hurricane
71shutters or other hurricane protection or laminated glass comply
72complies with the current applicable building code shall receive
73a credit equal to the pro rata portion of the assessed
74installation cost assigned to each unit. However, such unit
75owner shall remain responsible for the pro rata share of
76expenses for hurricane shutters or other hurricane protection
77installed on common elements and association property by the
78board pursuant to s. 718.113(5), and shall remain responsible
79for a pro rata share of the expense of the replacement,
80operation, repair, and maintenance of such shutters or other
81hurricane protection.
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T I T L E  A M E N D M E N T
85     Remove line 87 and insert:
86hurricane shutters under certain circumstances; providing for
87the maintenance, repair, and replacement of hurricane shutters
88or other hurricane protection; prohibiting a board from refusing
89to approve the installation or replacement of hurricane shutters
90by a unit owner under certain conditions; amending s. 718.115,
91F.S.; providing the expense of installation, replacement,
92operation, repair, and maintenance of hurricane shutters or
93other hurricane protection shall constitute either a common
94expense or shall be charged individually to the unit owners
95under certain conditions; requiring


CODING: Words stricken are deletions; words underlined are additions.