As I write this, Florida’s hurricane season is only a few days away. Not too long ago the Florida legislature amended Section 718.113(5)(d) of the Florida Statutes, and the change has significant financial implications for condominium associations and unit owners. This statute now directly addresses who must pay for the removal and reinstallation of hurricane protection such as shutters, impact windows, doors, and similar systems when that removal is necessary for the association to perform work on the common elements. This article addresses both who pays for the removal and reinstallation and who performs the work to do so.
The relevant statute provides that unless the declaration of condominium expressly provides otherwise, a unit owner is not responsible for the cost of removing or reinstalling hurricane protection when the association must temporarily remove it to complete maintenance, repair, or replacement of condominium property for which the association is responsible. This means that the default rule under the amended statute is that the association bears the cost of removal and reinstallation of hurricane protection. This could be a major shift for many communities, especially those with older declarations that never contemplated modern hurricane protection systems. Removal and reinstallation can be very expensive, particularly for impact-rated shutters and windows, and the cost can multiply quickly during large-scale projects such as concrete restoration, painting, balcony work, or window replacement.
The statute also provides a mechanism for determining who performs the work. If the declaration does not specify responsibility, the board must decide whether the association or the unit owner will physically remove and reinstall the protection. However, regardless of who performs the labor, the association must pay unless the declaration clearly shifts the obligation to the owner. If the association performs the work, it cannot charge the owner. If the owner performs the work, the association must reimburse the owner or apply a credit toward future assessments equal to the owner’s cost. This ensures that owners are not financially penalized for work required solely because the association is performing a common-element project.
A practical consideration arises when the hurricane protection is outdated or noncompliant with the current building code. In those cases, the association’s obligation is generally limited to reinstalling the protection only if it is code compliant. If it is not, the owner may be required to upgrade their hurricane shutters and other related protection at their own expense. This is an important nuance that associations should discuss with their legal counsel and engineers before beginning major projects. In addition, boards may wish to consider amending the declaration to clarify that should such systems need updating before reinstallation, then that, too, is an expense to be borne by the unit owner.
Many associations may prefer to shift the cost of removal and reinstallation to the unit owners or at least reserve the option to do so. But that shift must be set out clearly in the declaration of condominium itself. Board policies, rules, or resolutions, without an ammendment to the declaration, are not sufficient. If a community’s declaration does not contain language assigning responsibility for hurricane-protection removal and reinstallation to the unit owner, then the association will remain responsible under the statute. For many associations this could mean substantial unbudgeted expenses during upcoming repair cycles. Associations that wish to change this new statutory default rule should consult their attorney to prepare an amendment to the declaration. Such an amendment can clarify that owners are responsible for the cost of removing and reinstalling their own shutters or impact systems when necessary for association-related projects. Without such an amendment, the statutory default will continue to apply, and the association will bear the cost.
Remember too, Florida law requires both condominium associations governed by Chapter 718, Florida Statutes, and homeowners’ associations governed by Chapter 720, Florida Statutes, to adopt written hurricane protection specifications. These specifications must address the types of hurricane protection permitted, the color and style of such protection, installation standards, and any other structural or aesthetic requirements the association deems necessary. In both statutory schemes the purpose is the same: to create clear, enforceable standards that protect the property while maintaining architectural consistency.