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Condominium Sub-Association has Standing to Sue in Its Own Name, and on Behalf of Its Members as Well
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Q: Can a condominium association prohibit the installation of hurricane shutters by an owner? I would believe they would have the right to dictate some of the requirements of the shutters but can they outright restrict the installation of same?
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Q: Our board of directors for our homeowners' association often does not have a quorum present at board meetings since some members work or are frequently out of town. What can be done by a board in the absence of a quorum? If a quorum is initially established but some directors have to leave the meeting early, does the quorum still stand?
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Vol. II, 2007 |
QUESTION:
Can a condominium association prohibit the installation of hurricane shutters by an owner? I would believe they would have the right to dictate some of the requirements of the shutters but can they outright restrict the installation of same?
ANSWER:
The Florida Legislature has decreed that the installation of hurricane shutters is the right of every condominium unit owner. As such, a condominium association cannot prohibit the installation of hurricane shutters which comply with the board's specifications. Pursuant to Section 718.113 of the Condominium Act, each board of directors MUST adopt hurricane shutter specifications for each building within each condominium it operates which specifications must detail the required shutter color, style and other factors deemed relevant by the board. Hurricane shutters installed by an owner which conform to the board's shutter specifications shall not be deemed to be a material alteration to the common elements of the condominium.
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