ANSWERS: 2
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They can if they are prohibited in your by-laws or you do not get approval from the HOA prior to installing them. Check the bylaws or check with your HOA before making plans to install the shutters to avoid problems and fines. Hope this helps.
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Condo Associations in Florida are required by law to specify the types of hurricane shutters they allow. The bylaws may also require that you get approval from the association for the installation, HOWEVER, they cannot deny the approval if you comply with the specified hurricane shutters. This is covered under FL Statute 718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters.-- in the 2005 statutes. The specific wording can be found in Section 5: (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. Search for statute 718.113 at the Official Site of the Florida Legislature: www.//leg.state.fl.us/Statutes/index.cfm
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