installation of hurricane protection which meets the Association’ s specifications but may require that the proposed hurricane protection adheres to the uniform appearance of the Condominium. Associations which have not adopted the required specifications may have any denied applications for installation of hurricane protection challenged.
The statute provides clarification that the installation, maintenance and repair of hurricane protection in accordance with Florida Statutes Section 718.113( 5) does not constitute a material alteration or substantial addition. The statute enables the Association to install or require the installation of hurricane protection upon majority approval of the voting interests of the Association, with a few nuances. If installation of hurricane protection is approved and mandated in this manner, the Association must create and record in the Public Records a certificate attesting to the vote of the Members which includes the deadline for installation, and a copy of the certificate should be delivered to all Members. However, this vote of the Members is not required if the Association is already responsible for hurricane protection under the Declaration or if the Owners are already required to install the hurricane protection under the Declaration. Previously, the law did not enable Members of the Association to collectively vote to require the installation of hurricane protection by all Unit Owners. There are statutory limitations on requiring installation of hurricane protection when adequate protection was previously installed.
WITH THE UPDATED FLORIDA STATUTES
In addition to other benefits, the Association and residents can see reduced insurance costs and possibly limited costs on certain repairs during hurricane recovery.
Condominium Associations should carefully review the Declaration for any relevant provisions addressing which party is responsible for expenses associated with hurricane protection and other existing provisions which may address responsibility for hurricane protection. Additionally, the Association should consult its attorney for assistance throughout the process as each Association and its Declaration is unique.
The expenses associated with maintenance which may impact existing hurricane protection are also addressed in the Condominium Act. Under Florida Statutes Section 718.113( 5)( d) if the Association must remove or have reinstalled existing hurricane protection for repair of the Common Elements or Association property, the Association is responsible for the cost unless the Declaration provides otherwise. It is essential for Condominium Associations to understand its potential responsibility for such expenses under the Declaration or Florida law. Condominium Associations should carefully review the Declaration before undertaking projects related to the installation, replacement and
maintenance of hurricane protection and should consult with the Association’ s attorney when needed as hurricane protection is costly but essential.
Both laws emphasize the protection of property and the residents. Whether your Association is a Homeowners’ Association or a Condominium Association, compliance with the statute through adoption of hurricane protection specifications not only ensures uniformity throughout the Community but also enables the residents to better protect themselves and the community. Hurricane protection can also provide the Association and residents with other benefits such as reduced insurance costs and may limit certain repair costs during hurricane recovery. Boards tasked with adoption of specifications or issues related to hurricane protection should be sure to consider the design and style of the community, review the governing Documents for provisions addressing hurricane protection and consult with the Association’ s attorney. Addressing hurricane protection throughout the c ommunity today helps to protect the community in the future.
WWW. CAIWESTFlORIDA. ORg community • June 2026
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