Question: In our condo, many owners already have hurricane shutters, some of which were installed years ago. A substantial number were ordered and installed last year. Other owners have them on order now, and the board has said it will not permit the vendors to deliver and install them. Are there any circumstances under which a condo board can prohibit the delivery and installation of code-compliant shutters? – Marty

Answer: No, it can’t, but it may adopt reasonable specifications and guidelines about what shutters may be installed.

Normally, the owners of your association have great latitude to decide what goes on in the community by including restrictions and mandates in the governing documents. Regular readers will know that my normal advice is to read your community documents for an answer to questions like this one.

But in hurricane-prone Florida, our Legislature long ago decided that certain issues were too important to leave up to local rule and passed a law governing this issue, Florida Statute 718.113.

The law mandates that each condo board adopt shutter specifications that can include color, style and other relevant factors, while complying with the building code. The law goes on to state that the board can’t then deny an owner approval to install or replace the shutter or other windstorm protective devices that conform to the adopted specifications.

With permission in the governing documents or through a majority vote, your association can install hurricane protection for the entire association, but it can’t (even with a unanimous vote) stop an owner from such protections.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He is the chairperson of the Real Estate Section of the Broward County Bar Association and is an adjunct professor for the Nova Southeastern University Paralegal Studies program.

The information and materials in this column are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed. Nothing in this column is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.

Source: Sun Sentinel