03.21
Can my condo association deny my request to install code approved impact
resistant hurricane windows, impact glass doors, or hurricane shutters? One
neighbor has already replaced their old windows with new energy efficient
impact windows, and other neighbors have installed accordion shutters across
the perimeter of their patios or directly across their patio doors. When I
received a letter denying my request for impact PGT windows across my patio, I
was livid. The PGT windows are impact resistant and code approved. How can my
association reject my request when other neighbors have installed exactly what
Iâ??m looking to do?
It can be an uphill battle with an association or management company,
but the Condominium Act of 2008 amended the Florida Statutes and made it a
requirement that associations protect the entire building or adopt hurricane
shutter/hurricane protection specifications to make clear what is and what is
not allowed. If they donâ??t have these rules in their governing documents, you
might ask if the board could work on drafting the requirements so you can
protect your family and property. Depending on their answer, the next step could
be a more complicated problem that involves a lawyer.
If they have do have written guidelines, they might specify that only
accordion shutters, hurricane panels, or impact windows are allowed. Or they
may say some combination of code approved hurricane windows or other hurricane
protection are allowed. They might say only bronze or white or some specific
color is allowed. They might even say that you can only cover or replace your
sliding glass doors with impact resistant sliding glass doors as not to affect
the aesthetics of the buildingâ??s exterior. What it comes down to is the
association MUST either protect the entire building or have some written
guidelines for you to follow by as a unit owner. But, by law, they cannot deny
you protecting your property with some form of code approved hurricane
protection.