Our Florida condominium was damaged by the recent hurricanes. Is
damage to the hurricane shutters and window breakage the
responsibility of the individual owners or the owners association?

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Request for Question Clarification by jbf777-ga on 26 Oct 2004 09:16 PDT

Hello -

Can you tell us which homeowner's association?

Thanks,

jbf777

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Clarification of Question by grandpa3-ga on 26 Oct 2004 09:49 PDT

Eastpointe ll Condominium Association
5380 N Ocean Dr
Singer Island,  FL
is the name of our association.

Hello -

Thank you for your question.

According to official Andy Romero at Eastpointe, windows and shutters
are not covered by the association.  In general, items covered are
limited to those which are essential to the underlying structure of
the building.

If you need any clarification, please feel free to ask.

jbf777 

Search strategy:
Eastpointe
561-844-3102

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Request for Answer Clarification by grandpa3-ga on 28 Oct 2004 08:54 PDT

Your answer is of no value. I could and did ask for the association's
position.  What I was seeking was what is the state law if any or the
normal unsurance coverage or the general practice. Since the storms
were so widespreed there must be some pattern to the question.

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Clarification of Answer by jbf777-ga on 28 Oct 2004 12:16 PDT

Thank you for the clarification.  I will look into this further and
return with more information.

jbf777

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Clarification of Answer by jbf777-ga on 29 Oct 2004 13:12 PDT

Hello -

If you need any additional clarification, please don't hesitate to ask.

On the state level, there is no law mandating that an association is
to cover shutters/windows.  I have confirmed this with the Florida
Department of Business and Professional Regulation, a governmental
body that oversees the licensure and regulation of nearly 200 classes
of professions and occupations, including condominiums.   The relevant
legislation can be read at this link:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/Sec113.HTM
718.113  Maintenance; limitation upon improvement; display of flag;
hurricane shutters.

(5)  Each board of administration shall adopt hurricane shutter
specifications for each building within each condominium operated by
the association which shall include color, style, and other factors
deemed relevant by the board. All specifications adopted by the board
shall comply with the applicable building code. Notwithstanding any
provision to the contrary in the condominium documents, if approval is
required by the documents, a board shall not refuse to approve the
installation or replacement of hurricane shutters conforming to the
specifications adopted by the board. The board may, subject to the
provisions of s. 718.3026, and the approval of a majority of voting
interests of the condominium, install hurricane shutters and may
maintain, repair, or replace such approved hurricane shutters, whether
on or within common elements, limited common elements, units, or
association property. However, where laminated glass or window film
architecturally designed to function as hurricane protection which
complies with the applicable building code has been installed, the
board may not install hurricane shutters. The board may operate
shutters installed pursuant to this subsection without permission of
the unit owners only where such operation is necessary to preserve and
protect the condominium property and association property. The
installation, replacement, operation, repair, and maintenance of such
shutters in accordance with the procedures set forth herein shall not
be deemed a material alteration to the common elements or association
property within the meaning of this section.

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To further confirm this, I've spoken with four other associations
below, who all have different mandates with regards to who assumes
responsibility.  All four have told me it's set forth in their
respective "association documents":

Sugar Sands Condominium Association
(561) 844-5630 1242 Sugar Sands Blvd
West Palm Beach, FL 33404
Policy: Covers windows, not shutters

Paradise Villas Condo Association
(561) 842-5040
108 Paradise Harbour Blvd
North Palm Beach, FL 33408
Policy: Covers both shutters and windows

Cote D'Azur Condominium Association
(561) 844-6259 4200 N Ocean Dr
Riviera Beach, FL 33404
2.4 mi NE
Policy: Covers neither

Reaches Condominium Association Inc
(561) 844-5280 5280 N Ocean Dr
Riviera Beach, FL 33404
2.8 mi NE
Policy: Covers windows, not shutters


Aside from your association, there may be additional agencies who can
assist in this regard.  FEMA can help in this area:

800-462-9029


Thank you,

jbf777