I am on the board of our HOA. Due to recent media coverage, we are receiving inquiries on the duration a house may leave their Hurricane Shutters closed.
As some of our neighbors are seasonal, we have seen that their shutters remain closed during the off-season, thus mostly all summer.
At present, our covenants do not contain requirements for shutter mounting or dismounting outside of imminent storms.
What is the current Florida law on Shutter's remaining mounted outside of approaching storms, if any, and the ability for an HOA to stipulate when they may be mounted and must be removed.
Also, is there any pending legislation on the horizon to this effect?
AK, Palm Beach Gardens, FL
Response:
There is currently no legislation governing hurricane shutters
in the Homeowner Association Act, Fla. Stat. 720. The Condominium
Act, Fla. Stat. 718, has provisions, but nothing addresses
duration. There is currently no proposed legislation that would address
the duration issue.
Since hurricane season starts June 1st and goes
through the month of November, closed hurricane shutters are an issue for a
large number of associations who have part-time residents from the North.
The association can make reasonable rules and regulations to address issues
with the repair and maintenance of property if the declarations provide for an
architectural review board or committee to approve changes. Enforcement
of that rule is the tricky part because an association can only engage in
conduct authorized by the governing documents. An association cannot fine
an owner unless fines are provided for in the declarations. If no fines
are provided for the association would need to bring an action in court for an
injunction to force compliance, which is expensive with no guarantee the
injunction would be granted. A judge will determine if the rule is
reasonable, and most likely will find it reasonable.
If the declarations do provide for fines, then the procedures
outlined for notice and a hearing before a 3-member committee must be adhered
to before the committee can impose a fine. A board of directors cannot
impose fines.
Keep in mind that any meeting in which changes to the rules regulating
parcel use are going to be discussed requires notice be mailed to each owner at
least 14 days in advance with a statement describing the discussion and a sign
must be posted in the community at least 14 days in advance also announcing the
discussion.
My suggestion is to find a creative way to solve the problem
without attorneys whenever possible. Once lawyers become involved your
community usually becomes embroiled in turmoil because owners become
defensive. Establish the rule and then maybe a committee could contact
the owners of the seasonal residents to make sure they are aware of the rule
and ask them if they have anyone local who could install and remove the
shutters as storms approach. I’ve found the best approach is not only identifying
a problem and providing a solution, but looking past the solution to possible
problems that will result from the solution and have a plan to address those
issues.
