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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6715
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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New in a condo in Naples, FL ... After getting Master assn.

Customer Question

New in a condo in Naples, FL ... After getting Master assn. and my bldg assn approvals to install the approved model of hurricane shutters the HOA Architecture committee stopped the installation due to a stipulation in our local Assn (5 bldgs.) that the roll-down shutters approved, cannot be used on the FRONT of the bldg, only the translucent plastic PANEL models...
I called the Florida Attorney General's office and they could only suggest that Statute
718.113.5 (d) was my only rebuttal -- that this paragraph supersedes and nullifies the
Stipulation of ONLY CLEAR PANELS Are allowed on the front of the building...
Any other interpretation so to get the complete hurricane protection I need on a 2nd fl. of 2 floors and exposed on 3 sides??
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question.

Just to clarify you are looking for a different strategy rather then what the AG offered?

Customer: replied 1 year ago.
AG only "suggested" and was not willing to interpret the Paragraph I mentioned in my first message... Paragraph is:
718.113.5 (d) "Notwithstanding any other provision in the residential condominium documents, if approval is required by the documents, a board may not refuse to approve the installation or replacement of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a unit owner conforming to the specifications adopted by the board."
Expert:  Attyadvisor replied 1 year ago.

We are a general information site and do provide legal opinions. It appears that you want me to interpret this for you?

Customer: replied 1 year ago.
At least put it in very simple English....
Customer: replied 1 year ago.
If that's allowed...
Expert:  Attyadvisor replied 1 year ago.

Let me see if I can do this with some case law. That would be most helpful to you. Give me a few moments.

Customer: replied 1 year ago.
Thanks much...
Expert:  Attyadvisor replied 1 year ago.

You can also check the building code requirements as the board is subject to local laws

Expert:  Attyadvisor replied 1 year ago.

One moment

Expert:  Attyadvisor replied 1 year ago.

http://www.naplesnews.com/community/its-the-law-condominium-can-install-hurricane-protection-ep-384129673-333270581.html

Expert:  Attyadvisor replied 1 year ago.

"The Florida Statutes provide that the board may install hurricane shutters, impact glass, code-compliant windows or doors, etc. that comply with or exceed the applicable building code. " http://www.jimersoncobb.com/blog/2013/10/hurricane-protection-installation-and-expenses-for-floridas-condominium-associations/

Expert:  Attyadvisor replied 1 year ago.

Thank you for using JA! We appreciate your business.

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