Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE
Understanding Responsibility for Hurricane Protection Removal and Reinstallation Under Florida’s Condominium Act
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.
Read the full article HERE
