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.