The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 556
INTRODUCER: Senator Hooper
SUBJECT: Hurricane Protection for Condominium Associations
DATE: March 27, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Hunter Ryon CA Favorable
3. RC
I. Summary:
SB 556 revises the requirements governing the installation and maintenance of hurricane
protection in condominium associations. Under the bill, the term “hurricane protection” means
hurricane shutters, impact glass, code-compliant windows or doors, and other code-compliant
hurricane protection products used to preserve and protect the condominium property or
association property.
The bill requires declarations for residential condominiums and mixed-use condominiums, which
contain residential and commercial units, to specify whether the unit owner or the association is
responsible for the installation, maintenance, repair, or replacement of hurricane protection.
Under the bill, residential and mixed-use condominiums created after July 1, 2023, must contain
hurricane protection procedures for the condominium in the declaration of condominium
documents creating the community. The bill applies to all residential and mixed-use
condominiums in Florida, regardless of when the condominium was created. The bill provides
that the installation, replacement, operation, repair, and maintenance of hurricane protection is
not a substantial addition to the common elements or association property.
Under the bill, a certificate attesting to a vote of the unit owners approving the installation of
hurricane protection must be filed in the public records of the county where the condominium is
located. The validity or enforceability of the vote of the unit owners is not affected by a failure to
record the certificate or to send a copy of the recorded certificate to the unit owners.
The bill authorizes a board of administration for a condominium to require unit owners to adhere
to an existing unified building scheme regarding the external appearance of the condominium.
Under the bill, unit owners may be responsible for the costs of removal and reinstallation of any
hurricane protection if the association is required to remove the hurricane protection for
maintenance, repair or replacement of condominium property the association is obligated to
maintain. The board must determine whether the removal or reinstallation is to be performed by
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the association or unit owner. If the removal or reinstallation of hurricane protection is
completed by the associations, the removal and reinstallation of hurricane protection is
chargeable to the owner and may be enforced as an assessment. If the cost of installation of
hurricane protection is the responsibility of unit owners pursuant to the declaration or a vote of
the owners, the cost of installation by the association is not a common expense and may be
charged to the unit owners based on the cost of installation.
The bill also provides that, if an owner has already installed code-compliant hurricane protection,
the owner may be excused from the assessment levied by the association to fund the installation
of hurricane protection or may receive credit equal to the amount the owner would have been
charged for the installation. The credit only applies if the installation is for all other units lacking
code-compliant hurricane protection and the expense of the installation is funded by the budget,
including reserve funds. However, under current law and the bill, a unit owner remains
responsible for the pro rata share of expenses for hurricane protection installed on common
elements and association property by the board and remains responsible for a pro rata share of
the expense of the replacement, operation, repair, and maintenance of such.
Under the bill, expenses for the installation, replacement, operation, and repair, or maintenance
of hurricane protection on common elements and association property are common expenses
enforceable against the unit owner as an assessment.
The bill takes effect July 1, 2023.
II. Present Situation:
Division of Florida Condominiums, Timeshares, and Mobile Homes
The Division of Florida Condominiums, Timeshares, and Mobile Homes (division) within the
Department of Business and Professional Regulation (DBPR) administers the provisions of
chs. 718 and 719, F.S., for condominium and cooperative associations, respectively. The division
may investigate complaints and enforce compliance with chs. 718 and 719, F.S., for associations
that are still under developer control.1 The division also has the authority to investigate
complaints against developers involving improper turnover or failure to transfer control to the
association.2 After control of the condominium is transferred from the developer to the unit
owners, the division has jurisdiction to investigate complaints related to financial issues,
elections, and maintenance of and unit owner access to association records.3 For cooperatives,
the division’s jurisdiction extends to the development, construction, sale, lease, ownership,
operation, and management of residential cooperative units.4
As part of the division’s authority to investigate complaints, the division may subpoena
witnesses, take sworn statements from witnesses, issue cease and desist orders, and impose civil
penalties against developers, associations, and association board members.5
1
Sections 718.501(1) and 719.501(1), F.S.
2
Id.
3
Section 718.501(1), F.S.
4
Section 719.501(1), F.S.
5
Sections 718.501(1) and 719.501(1), F.S.
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If the division has reasonable cause to believe that a violation of any provision of ch. 718, F.S.,
ch. 719, F.S., or a related rule has occurred, the division may institute enforcement proceedings
in its name against any developer, bulk assignee, bulk buyer, association, officer, or member of
the board of administration, or its assignees or agents. The division may conduct an investigation
and issue an order to cease and desist from unlawful practices and to take affirmative action to
carry out the purpose of the applicable chapter. Also, Florida law authorizes the division to
petition a court to appoint a receiver or conservator to implement a court order or to enforce an
injunction or temporary restraining order. The division may also impose civil penalties.6
Unlike condominium and cooperative associations, homeowners’ associations are not regulated
by a state agency. For homeowners’ associations, the division’s authority is limited to the
arbitration of recall election disputes.7
Condominiums
A condominium is a “form of ownership of real property created under ch. 718, F.S,”8 the
“Condominium Act.” Condominium unit owners are in a unique legal position because they are
exclusive owners of property within a community, joint owners of community common
elements, and members of the condominium association.9 For unit owners, membership in the
association is an unalienable right and required condition of unit ownership.10
The “declaration” or “declaration of condominium” is the legal instrument by which a
condominium is created. The declaration may be amended.11
A condominium association is administered by a board of directors referred to as a “board of
administration.”12 The board of administration (board) is comprised of individual unit owners
elected by the members of a community to manage community affairs and represent the interests
of the association. Association board members must enforce a community's governing
documents and are responsible for maintaining a condominium's common elements which are
owned in undivided shares by unit owners.13
Material Alterations
The common elements14 and the real property of a condominium association may not be
materially altered or substantial additions may not be made to the property, except in the manner
authorized in the declaration of condominium. If the declaration does not specify a procedure for
making material alterations or substantial additions, 75 percent of the total voting interests of the
association must approve the alterations or additions before the material alterations or substantial
6
Id.
7
See ss. 720.303(10)(d) and 720.306(9)(c), F.S.
8
Section 718.103(11), F.S.
9
See s. 718.103, F.S., for the terms used in the Condominium Act.
10
Id.
11
See s. 718.13(15), F.S., defining the terms “declaration” or “declaration of condominium;” and s. 718.104, F.S., relating to
the creation of condominiums.
12
Section 718.103(4), F.S.
13
Section 718.103(2), F.S.
14
Section 718.103(8), F.S., defines the term “common elements” to mean “the portions of the condominium property not
included in the units.”
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additions may commence.15 A comparable requirement also applies to material alterations and
substantial additions to the property of a multicondominium.16
Hurricane Protection
The board of administration of a residential condominium is required to adopt hurricane shutter
specifications for each building within each condominium. The specifications must include
color, style, and other factors deemed relevant by the board. All specifications adopted by the
board must comply with the applicable building code.17
A contract to install hurricane protection, subject to the contract and written bids requirements in
s. 718.3026, F.S., must be approved by a majority of voting interests of a residential
condominium. A vote of the owners is not required if the maintenance, repair, and replacement
of hurricane protection is the responsibility of the association pursuant to the declaration of
condominium. If hurricane protection or laminated glass or window film architecturally designed
to function as hurricane protection that complies with or exceeds the current applicable building
code has been previously installed, the board may not install hurricane protection without the
approval of a majority vote of the voting interests.
The association is responsible for the maintenance, repair, and replacement of the hurricane
shutters, impact glass, code-compliant windows or doors, or other types of code-compliant
hurricane protection (hurricane protection or hurricane protection products) if the association is
responsible for hurricane protection under its declaration. If the hurricane protection products are
the responsibility of the unit owners pursuant to the declaration of condominium, the
maintenance, repair, and replacement of such items are the responsibility of the unit owner.18
The board may operate hurricane protection installed without permission of the unit owners only
if such operation is necessary to preserve and protect the condominium property or association
property. The installation, replacement, operation, repair, and maintenance of hurricane
protection is not a material alteration to the common elements or association property,19 if done
in accordance with the procedures in s. 718.113(5), F.S.20 Current law is silent regarding whether
the installation, replacement, operation, repair, and maintenance of hurricane protection is
considered a substantial addition to the common elements or association property.
Notwithstanding any other provision in the residential condominium documents, even if the
board’s approval is required, a board may not refuse to approve the installation or replacement of
hurricane protection by a unit owner conforming to the specifications adopted by the board.21
15
Section 718.113(2)(a), F.S.
16
See ss. 718.113(2)(b) and (c), F.S. “Multicondominium” means real property containing two or more condominiums, all of
which are operated by the same association. See s. 718.103(20), F.S.
17
Section 718.113(5), F.S.
18
Section 718.113(5)(b), F.S.
19
See s. 718.113(2), F.S., relating to material alterations and substantial additions to condominium property.
20
Section 718.113(5)(c), F.S.
21
Section 718.113(5)(d), F.S.
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The expense of installation, replacement, operation, repair, and maintenance of hurricane
protection by a board is a common expense22 and must be collected by the association if it is
responsible for the maintenance, repair, and replacement of hurricane protection pursuant to the
declaration of condominium. If the maintenance, repair, and replacement of the hurricane
protection is the responsibility of the unit owners pursuant to the declaration of condominium,
the cost of the installation of hurricane protection is not a common expense and must be charged
individually to the unit owners.23
If a unit owner has previously installed building code-compliant hurricane shutters, the unit
owner must receive a credit from the association when the shutters are installed by the
association. If a unit owner has previously installed impact glass or code-compliant windows or
doors that comply with the current applicable building code, the unit owner must receive a credit
when the impact glass or code-compliant windows or doors are installed. Additionally, if a unit
owner has installed other types of code-compliant hurricane protection that comply with the
current applicable building code, the unit owner must receive a credit when the same type of
other code-compliant hurricane protection is installed. The credit must be equal to the pro rata
portion of the assessed installation cost assigned to each unit.24
However, a unit owner remains responsible for the pro rata share of expenses for hurricane
protection installed on common elements and association property by the board. A unit owner is
also responsible for a pro rata share of the expense of the replacement, operation, repair, and
maintenance of hurricane protection.25
III. Effect of Proposed Changes:
Definition
The bill creates s. 718.103(18), F.S., to define the term “hurricane protection” to mean hurricane
shutters, impact glass, code-compliant windows or doors, and other code-compliant hurricane
protection products used to preserve and protect the condominium property or association
property.
Declaration of Condominium
The bill amends s. 718.104(4), F.S., to require declarations for residential condominiums and
mixed-use condominiums26 to specify whether the unit owner or the association is responsible
for the installation, maintenance, repair, or replacement of hurricane protection that is for the
preservation and protection of the condominium property and association property. Under the
22
Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common
elements and association property, costs of carrying out the powers and duties of the association, and any other expense,
whether or not included in the foregoing, designated as common expense by ch. 718, F.S., the declaration, the documents
creating the association, or the bylaws. See s. 718.115(1)(a), F.S.
23
Section 718.115(1)(e), F.S.
24
Id.
25
Id.
26
Section 718.103(23), F.S., provides that a condominium which contains both commercial and residential units is a mixed-
use condominium. See also, s. 718.404, F.S., relating to mixed-use condominiums.
BILL: SB 556 Page 6
bill, condominiums created after July 1, 2023, must contain hurricane protection procedures for
the condominium in the declaration of condominium creating the community.
Application to Residential and Mixed-Use Condominiums
Section 718.113(5), F.S., is amended by the bill to apply the installation of hurricane protection
requirements to all residential and mixed-use condominiums in Florida, regardless of when the
condominium is created pursuant to the declaration of condominium.
Material Alterations and Substantial Additions to Condominium Property
The bill also amends s. 718.113(5), F.S., to provide that the installation, replacement, operation,
repair, and maintenance of hurricane protection is not a substantial addition to the common