Florida Condo Hurricane Shutters and Impact Windows: Board Authority and Owner Rights
POSTED ON July 2, 2026
Key Takeaways
- Every Florida condominium board — for residential and mixed-use condominiums regardless of when the declaration was recorded — must adopt hurricane protection specifications for each building, and those specifications must comply with the applicable building code. See Section 718.113(5), Fla. Stat.
- The installation, maintenance, repair, replacement, and operation of hurricane protection in accordance with Section 718.113(5) is expressly not a material alteration or substantial addition to the common elements — it does not require the approval threshold that applies to material alterations under Section 718.113(2). See Section 718.113(5), Fla. Stat.
- The board may require owner installation of hurricane protection — or require it as a common expense — only by a majority vote of the voting interests of the condominium, or if the declaration already assigns installation responsibility to the association or the owners without a vote. See Section 718.113(5)(a), Fla. Stat.
- When a majority vote is taken, the board must record a certificate of the vote in the county public records. A failure to record does not invalidate the vote. See Section 718.113(5)(a), Fla. Stat.
- The board may operate hurricane protection without owner permission only when necessary to preserve and protect the condominium property or association property. See Section 718.113(5)(b), Fla. Stat.
In This Article
- Short Answer
- How Florida Law Handles This Issue
- Key Legal Rules
- Comparison Table: Two Pathways for Requiring Hurricane Protection Installation
- How This Issue Typically Comes Up
- Common Mistakes Associations Make
- What Associations Typically Argue and Why It Fails
- How the Statute Resolves This
- Edge Cases and Nuances
- What Homeowners Should Do
- When Legal Action May Be Necessary
- Actionable Summary Table
- Related Knowledge — Cross-Chapter Linking
- FAQ
- Key Terms Defined
- Conclusion
- About the Author
- Call to Action
- Disclaimer
- Sources
Short Answer
Under Section 718.113(5), Fla. Stat., every Florida condominium board is required to adopt hurricane protection specifications for each building. The board may require installation by unit owners — or require it as a common expense — either by a majority vote of the voting interests of the condominium, or without a vote if the declaration already assigns installation responsibility to the association or the owners. See Section 718.113(5)(a), Fla. Stat. The installation of hurricane protection is expressly not a material alteration and does not require the higher approval threshold that applies under Section 718.113(2). The board may operate installed hurricane protection without owner permission only when doing so is necessary to preserve and protect the condominium property or association property. See Section 718.113(5)(b), Fla. Stat.
How Florida Law Handles This Issue
Hurricane protection in Florida condominium buildings sits at the intersection of building code obligations, association governance, and individual unit owner rights. Before the legislature enacted Section 718.113(5), hurricane shutter approvals were governed primarily by the declaration of condominium and the association’s architectural review procedures — and the results were unpredictable. Some associations treated hurricane shutter installation as a material alteration requiring supermajority approval; others approved installations inconsistently. Section 718.113(5) addressed this by establishing a uniform statewide framework that applies to all residential and mixed-use condominiums regardless of when their declaration was recorded.
The framework accomplishes several objectives: it mandates that boards adopt clear, code-compliant specifications; it establishes a defined pathway for requiring installation (either through a majority vote or through existing declaration authority); it removes the legal uncertainty created by the material-alteration doctrine by expressly declaring that hurricane protection installation is not a material alteration; and it protects owners from boards that attempt to force re-installation of code-compliant protection that still has useful life remaining.
In Miami-Dade County, which is located in a coastal high-wind zone and which was devastated by Hurricane Andrew in 1992, hurricane protection is not a theoretical concern — it is a practical requirement in virtually every coastal and near-coastal condominium building. In Broward County, associations have increasingly been turning to impact windows as an alternative to accordion shutters, raising approval questions when owners have already installed one type and boards adopt specifications favoring another. In the Tampa Bay area and Orlando, questions frequently arise about whether the board can operate owner-installed shutters during evacuations and what standard the statute requires the board to meet. A Deerfield Beach, FL condo lawyer can help unit owners and condominium associations understand their rights and obligations under Florida’s hurricane protection laws, resolve disputes over board approval requirements, and ensure compliance with applicable statutes, governing documents, and building code standards.
Key Legal Rules
Section 718.113(5), Fla. Stat., establishes the foundational framework:
To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protections installed by condominium associations and unit owners, this subsection applies to all residential and mixed-use condominiums in the state, regardless of when the condominium is created pursuant to the declaration of condominium. Each board of administration of a residential condominium or mixed-use condominium must adopt hurricane protection specifications for each building within each condominium operated by the association which may include color, style, and other factors deemed relevant by the board. All specifications adopted by the board must comply with the applicable building code. The installation, maintenance, repair, replacement, and operation of hurricane protection in accordance with this subsection is not considered a material alteration or substantial addition to the common elements or association property within the meaning of this section.
Three rules are embedded in this opening provision. First, the framework is mandatory and universal — there are no exceptions for older condominiums or condominiums whose declarations predate the statute. Second, each board must adopt written specifications for each building it operates; specifications may address color, style, and other relevant factors but must comply with the applicable building code. Third, and critically, any installation or operation of hurricane protection in accordance with Section 718.113(5) is not a material alteration for purposes of Section 718.113(2). This means the board cannot deny an installation request by invoking the material-alteration doctrine, and the owner does not need a supermajority approval as would otherwise apply to changes to the common elements.
Section 718.113(5)(a), Fla. Stat., governs the pathway for requiring installation:
The board may, subject to s. 718.3026 and the approval of a majority of voting interests of the residential condominium or mixed-use condominium, install or require that unit owners install hurricane protection that complies with or exceeds the applicable building code. A vote of the unit owners to require the installation of hurricane protection must be set forth in a certificate attesting to such vote and include the date that the hurricane protection must be installed. The board must record the certificate in the public records of the county in which the condominium is located. A vote of the unit owners under this paragraph is not required if the installation, maintenance, repair, and replacement of the hurricane protection, or any exterior windows, doors, or other apertures protected by the hurricane protection, is the responsibility of the association pursuant to the declaration of condominium as originally recorded or as amended, or if the unit owners are required to install hurricane protection pursuant to the declaration of condominium as originally recorded or as amended.
This provision establishes two distinct pathways for requiring hurricane protection installation. The first pathway requires approval by a majority of the voting interests of the condominium — not a majority of those present at a meeting, but a majority of all voting interests. When the vote is taken, the board must prepare a certificate attesting to the vote, identifying the installation deadline, and record that certificate in the county’s public records. A failure to record the certificate does not invalidate the vote, but recording provides constructive notice to subsequent purchasers and mortgagees. The second pathway applies when the declaration already allocates installation responsibility — either to the association or to the unit owners. When the declaration speaks to the issue, no vote is required.
Section 718.113(5)(b), Fla. Stat., governs the board’s power to operate hurricane protection:
The board may operate hurricane protection without permission of the unit owners only if such operation is necessary to preserve and protect the condominium property or association property.
This provision is narrow and specific: the board’s authority to operate hurricane protection — for example, to deploy accordion shutters or close impact window panels — without the unit owner’s permission is limited to situations where operation is necessary to preserve and protect the property. This standard applies during hurricane evacuations and storm events. A board that deploys shutters on unoccupied units during a named hurricane evacuation is acting within the authority of Section 718.113(5)(b). A board that operates a unit’s hurricane protection for non-emergency purposes without owner consent is acting outside the statutory grant.
Comparison Table: Two Pathways for Requiring Hurricane Protection Installation
| Pathway | Trigger | Vote Required? | Recordation Required? | Statutory Basis |
| Majority-vote pathway | Board wants to require installation or fund it as common expense; declaration is silent on responsibility | Yes — majority of all voting interests of the condominium | Yes — certificate of vote must be recorded in county public records; failure to record does not invalidate the vote | Section 718.113(5)(a), Fla. Stat. |
| Declaration-authority pathway | Declaration as originally recorded or as amended places installation responsibility on the association or on unit owners | No vote required | Not applicable — declaration itself is already of record | Section 718.113(5)(a), Fla. Stat. |
| Board specification authority (both pathways) | Board must adopt specifications for each building; specifications may include color, style, and other factors; must comply with applicable building code | No vote required to adopt specifications | Specifications typically adopted by board resolution — no separate recordation required | Section 718.113(5), Fla. Stat. |
| Board operation authority | Board may operate hurricane protection without owner consent only when necessary to preserve and protect condominium property or association property | No vote required for emergency operation | Not applicable | Section 718.113(5)(b), Fla. Stat. |
How This Issue Typically Comes Up
Hurricane protection disputes in Florida condominium communities arise in several recurring contexts. In a Miami-Dade oceanfront condominium, the board sends a notice to all unit owners requiring them to install roll-down aluminum shutters of a specific brand and color by a particular date — relying on the board’s specification authority under Section 718.113(5). The board has not held a vote of the unit owners and there is no provision in the declaration that places installation responsibility on owners. Under Section 718.113(5)(a), a requirement that owners install hurricane protection requires either a majority-vote approval or explicit declaration authority. A board directive issued without either is not authorized by the statute.
In a Broward County condominium, an owner submits a request to install code-compliant roll-down shutters in a color that meets all building code requirements but does not exactly match the color specification the board has adopted. The board denies the request because the color deviates from the adopted specification. Section 718.113(5)(a) provides that the board may not require re-installation of the same type of code-compliant hurricane protection unless the useful life of the protection has ended or re-installation is necessary to prevent damage. The key question is whether the board’s color specification can serve as grounds for denial when the protection itself is code-compliant. Under the statute, the board’s specifications must comply with the applicable building code — but the statute does not prohibit reasonable aesthetic specifications like color, so long as the owner’s proposed protection actually meets or exceeds the code requirements.
In a Tampa Bay condominium community, the board deploys accordion shutters on units whose owners have evacuated ahead of a tropical storm, without seeking individual permission. Section 718.113(5)(b) authorizes this — operation without owner permission is permitted when necessary to preserve and protect the condominium property. The association that deploys shutters during a named storm evacuation is acting squarely within the statute’s emergency-operation authority.
In an Orlando condominium, the board’s majority-vote resolution required installation and was properly recorded in county public records. A unit owner who purchased after the vote claims she was not bound by it because she did not vote and claims no one told her about the requirement at closing. The recorded certificate provides constructive notice to subsequent purchasers. A buyer in the chain of title after a properly recorded certificate is bound by the installation requirement even without actual knowledge of the vote.
Common Mistakes Associations Make
The most common mistake is treating the board’s specification authority as the same as the authority to require installation. Section 718.113(5) gives every board the authority to adopt specifications — color, style, and other factors — without a vote. But it does not give the board authority to require owners to install hurricane protection without either a majority-vote approval or a declaration provision allocating installation responsibility. A board resolution stating that all units must have accordion shutters installed by a certain date, issued without a preceding majority vote or declaration authority, is not authorized.
Associations also err by denying installation requests that meet or exceed the applicable building code on the basis that the proposed protection does not precisely match the adopted specifications. Section 718.113(5)(a) provides that when the declaration makes unit owners responsible for hurricane protection, owners have the right to install or replace hurricane protection that meets or exceeds the applicable building code, subject to the association’s properly adopted specifications under Section 718.113(5). The board may not use its specification power to flatly prohibit code‑compliant hurricane protection or to demand unnecessary re‑installation, but it can require owners to follow reasonable, uniformly applied standards on issues like product type, color, and style.
A third error involves the board operating hurricane protection during non-emergency circumstances without owner consent. Section 718.113(5)(b) limits non-consensual operation to situations where it is necessary to preserve and protect the property. A board that deploys a unit’s shutters for routine maintenance inspections, or that closes window panels to reduce air conditioning costs in common areas, is not acting within the statutory grant.
Florida law generally restricts a board’s ability to force owners to remove and replace existing, code‑compliant hurricane protection of the same type solely for uniformity or cosmetic reasons. Under Section 718.113(5), boards typically may require replacement only when the existing protection has reached the end of its reasonable useful life, no longer meets applicable code, or replacement is genuinely needed to prevent damage, and the particular statutory wording in effect at the time of the dispute should be reviewed carefully with counsel. A board that seeks to standardize the community’s appearance by forcing owners to replace functioning, code-compliant shutters is acting beyond its statutory authority.
What Associations Typically Argue and Why It Fails
When unit owners resist installation requirements or challenge board denials of their installation requests, associations commonly argue: (1) hurricane shutter installation affects the common elements and therefore requires the material-alteration approval process under Section 718.113(2); (2) the board’s specification authority extends to dictating what type of protection must be installed regardless of whether a majority vote occurred; or (3) the board may operate any installed hurricane protection at its discretion to protect the building.
The material-alteration argument fails because Section 718.113(5) expressly removes hurricane protection installation from the material-alteration doctrine. The statute states that installation, maintenance, repair, replacement, and operation of hurricane protection in accordance with Section 718.113(5) is not considered a material alteration or substantial addition to the common elements within the meaning of this section. A board that invokes Section 718.113(2) to deny a hurricane shutter installation request is applying the wrong provision. The legislature specifically overrode the material-alteration doctrine for hurricane protection to ensure uniformity across the state.
The specification-equals-mandate argument fails because the statute’s text is explicit: the board’s specification authority allows it to set standards for color, style, and other factors, but requiring installation requires either a majority vote or existing declaration authority under Section 718.113(5)(a). A board that frames its specifications as mandatory installation requirements without the required vote or declaration basis is conflating two distinct statutory powers.
The discretionary-operation argument fails under Section 718.113(5)(b). The board’s authority to operate hurricane protection without owner permission is limited to circumstances where operation is necessary to preserve and protect the condominium property. “Necessary to preserve and protect” requires more than general convenience or administrative preference — it requires a genuine threat to the property that makes non-consensual operation appropriate. A board that deploys shutters at will, without a documented preservation or protection rationale, is operating outside the statutory limit.
How the Statute Resolves This
Section 718.113(5) resolves hurricane protection disputes through a framework that separates three distinct questions: who must adopt specifications, who may require installation, and who may operate the protection. The answers are different for each question and are not interchangeable. Every board must adopt specifications — that obligation is mandatory under the statute’s opening paragraph. Installation may only be required through a majority vote or existing declaration authority. Operation of installed protection without owner consent is limited to emergencies necessary to preserve and protect the property.
When a unit owner’s requested installation is denied, Section 718.113(5) makes clear that the board cannot rely on the material‑alteration rule in Section 718.113(2) to block the request. If the declaration makes the owner responsible for installation, the board can still enforce reasonable written hurricane‑protection specifications it has adopted under Section 718.113(5) — including color and style — as long as those specifications comply with the building code and are applied consistently, and are not used as a pretext to prohibit otherwise code‑compliant hurricane protection altogether.
When a majority-vote requirement is disputed — for example, when a buyer claims she was not bound by a pre-purchase vote — the statute resolves the issue by requiring the certificate of vote to be recorded in county public records, providing constructive notice to all subsequent purchasers. The recorded certificate is binding on owners who acquire units after the vote, and the failure to record does not invalidate the underlying vote — it merely affects whether the notice is constructive or requires actual disclosure.
Edge Cases and Nuances
One nuance involves mixed-use condominiums. Section 718.113(5) expressly applies to both residential and mixed-use condominiums. A condominium that includes both residential and commercial units is not exempt from Section 718.113(5), which expressly covers mixed‑use condominiums and requires the board to adopt hurricane protection specifications for each building it operates. How those requirements apply to specific commercial and residential components will depend on the particular declaration — including how it allocates maintenance responsibilities, defines common and limited common elements, and assigns hurricane‑protection costs between residential and commercial units.
A second nuance concerns the interaction between Section 718.113(5) and the Florida Building Code under Section 553.844, Fla. Stat. The Florida Building Code sets minimum wind-resistance standards for exterior openings in certain wind zones, including much of coastal South Florida. An association’s hurricane protection specifications must comply with the building code — meaning the specifications cannot be set below the minimum required by code. Conversely, specifications that exceed the code requirements are permitted as long as they are reasonable and consistent with the board’s fiduciary obligations.
A third nuance involves the cost allocation when the majority-vote pathway is used. Section 718.113(5)(a) allows the vote to require either owner installation (each owner pays for their own unit) or association installation funded as a common expense. The vote itself can address the cost allocation, and in the absence of a declaration provision, the vote controls. An association that requires individual owner installation through a majority vote but then claims authority to assess each unit owner for the cost — without the vote having addressed cost allocation — may be applying the vote result beyond what the owners actually approved.
A fourth nuance concerns the interplay between Section 718.113(5) and Chapter 720 for homeowners in communities that include both single-family lots and condominium units. Section 720.3035, Fla. Stat., governs hurricane protection restrictions that HOAs may impose on single-family homes. Unlike Section 718.113(5), Section 720.3035 limits the HOA’s ability to prohibit or restrict hurricane protection that complies with the building code — but the approval and specification framework is different from the condominium framework. Homeowners in communities with both Chapter 718 and Chapter 720 components should identify which framework governs their specific unit.
What Homeowners Should Do
If you want to install hurricane shutters or impact windows in your Florida condominium unit and the board has denied your request, the first step is to determine whether you or the association is responsible for installation under the declaration. Review your declaration for any provision addressing installation, maintenance, repair, or replacement of hurricane protection, exterior windows, doors, or other apertures. If the declaration places installation responsibility on unit owners, Section 718.113(5)(a) provides that the board cannot refuse to approve installation or replacement that meets or exceeds the applicable building code.
If the board claims your proposed installation is a material alteration requiring supermajority approval, challenge that position in writing by citing Section 718.113(5), which expressly provides that installation of hurricane protection in accordance with that subsection is not a material alteration within the meaning of Section 718.113. Attach a copy of the statute to your written objection. The board cannot apply Section 718.113(2) to deny a hurricane protection installation request that is governed by Section 718.113(5).
If the board has mandated that all owners install a specific type of hurricane protection, request documentation showing either the majority-vote certificate recorded in county public records or the specific declaration provision that places installation responsibility on unit owners. If the board cannot produce either, the mandate was not authorized by Section 718.113(5)(a). A board directive issued without the required vote or declaration authority does not become binding simply because the board issued it.
If your hurricane protection was deployed by the association without your permission, request in writing the board’s documented basis for concluding that operation was necessary to preserve and protect the condominium property under Section 718.113(5)(b). Non-emergency operation without owner consent is outside the board’s statutory authority. If no preservation-and-protection rationale exists, the board acted beyond its authority.
When Legal Action May Be Necessary
Legal action becomes appropriate when a board denies a unit owner’s hurricane protection installation request on material-alteration grounds in violation of Section 718.113(5); when the board mandates installation without a majority vote and without declaration authority under Section 718.113(5)(a); when the board refuses to approve a code-compliant installation that the declaration places in the owner’s responsibility; or when the board operates hurricane protection for non-emergency purposes without owner consent in violation of Section 718.113(5)(b).
Section 718.1255, Fla. Stat., requires mandatory non-binding arbitration before most Chapter 718 disputes can be filed in circuit court. A unit owner who is denied an installation request or subjected to an unauthorized installation mandate should consult an attorney before the dispute escalates, as the pre-litigation arbitration requirement affects the procedural path. Section 718.303, Fla. Stat., provides prevailing-party attorney fees in actions to enforce Chapter 718 and the declaration — making it economically practical to challenge an improper denial or unauthorized mandate even when the cost of the individual installation is in the range of a few thousand dollars.
In Miami-Dade and Broward Counties, where hurricane protection is not merely a preference but a practical necessity for storm season, an improper board denial or unauthorized mandate can leave an owner’s unit exposed to hurricane damage. The urgency of the installation — and the building code obligations that may apply — should be part of any legal assessment of whether to seek emergency injunctive relief to compel the board to approve a code-compliant installation.
Actionable Summary Table
| Situation | Homeowner’s Right / Action | Statutory Source |
| Board denied installation request on material-alteration grounds | Challenge denial in writing; cite Section 718.113(5) which expressly exempts hurricane protection from the material-alteration doctrine | Section 718.113(5), Fla. Stat. |
| Board mandated installation without a majority vote and without declaration authority | Request majority-vote certificate or declaration provision; challenge mandate as unauthorized if neither exists | Section 718.113(5)(a), Fla. Stat. |
| Board refused to approve code-compliant installation when declaration places responsibility on owner | Assert approval right under Section 718.113(5)(a); board cannot refuse code-compliant installation when owner is responsible | Section 718.113(5)(a), Fla. Stat. |
| Board operated hurricane protection without owner consent — non-emergency | Request documented preservation-and-protection basis; challenge operation as exceeding Section 718.113(5)(b) authority | Section 718.113(5)(b), Fla. Stat. |
| Board adopted specifications requiring re-installation of functioning, code-compliant protection | Assert that re-installation cannot be required unless useful life has ended or necessary to prevent damage | Section 718.113(5), Fla. Stat. |
| Association claimed majority vote was not required because declaration is silent on responsibility | Request specific declaration provision; if declaration is silent, majority vote is required under Section 718.113(5)(a) | Section 718.113(5)(a), Fla. Stat. |
| Owner purchased unit after majority-vote certificate was recorded | Certificate provides constructive notice; owner is bound by recorded installation requirement | Section 718.113(5)(a), Fla. Stat. |
Related Knowledge — Cross-Chapter Linking
Section 718.113(5) governs hurricane protection installation authority for condominium associations under Chapter 718 of Florida Statutes. Homeowners in single-family communities governed by Chapter 720 have a different but parallel framework. Section 720.3035, Fla. Stat., now requires HOAs to adopt hurricane protection specifications for every parcel and limits an HOA’s ability to deny an owner’s application that complies with those specifications and the community’s unified building scheme. HOAs may still regulate the type, design, and appearance of hurricane protection through their written standards, but they cannot use aesthetic rules to unreasonably or arbitrarily block code‑compliant hurricane protection that meets both the statute and the association’s duly adopted specifications.
Within Chapter 718, the hurricane protection framework in Section 718.113(5) operates alongside the building code compliance obligation in Section 553.844, Fla. Stat. Section 553.844 requires that condominium buildings in certain wind zones meet minimum Florida Building Code standards for exterior openings. In some coastal areas, including much of South Florida, the Florida Building Code and Section 553.844, Fla. Stat., may require certain wind‑borne‑debris protections when significant work is done on a building. Those building‑code requirements are enforced mainly through local building departments and the permitting process, and they do not eliminate the need for a condominium association to follow Section 718.113(5)’s procedures — such as a majority unit‑owner vote or clear declaration authority — before mandating hurricane protection for units.
Within Chapter 718, Section 718.113(5) interacts with the general material-alteration framework in Section 718.113(2). Section 718.113(2) requires approval by 75 percent of the total voting interests for material alterations to the common elements. The legislature carved hurricane protection out of that framework entirely under Section 718.113(5). Understanding both provisions is important because boards sometimes attempt to use Section 718.113(2) to block installations that Section 718.113(5) expressly permits. When there is a conflict between the general rule in Section 718.113(2) and the specific hurricane-protection rule in Section 718.113(5), the specific provision controls.
FAQ
Does my Florida condo board need owner approval to adopt hurricane protection specifications?
No. Under Section 718.113(5), Fla. Stat., the board of administration is required — not merely permitted — to adopt hurricane protection specifications for each building it operates. The board adopts specifications by board resolution; no vote of the unit owners is required to adopt specifications. The specifications may include color, style, and other factors the board deems relevant, but must comply with the applicable building code. What requires a majority vote is requiring installation — not adopting specifications.
Is installing hurricane shutters in my condo unit considered a material alteration in Florida?
No. Section 718.113(5), Fla. Stat., expressly provides that the installation, maintenance, repair, replacement, and operation of hurricane protection in accordance with Section 718.113(5) is not considered a material alteration or substantial addition to the common elements or association property within the meaning of that section. This means the 75-percent approval requirement for material alterations under Section 718.113(2) does not apply to hurricane protection installation. A board that denies your installation request on material-alteration grounds is applying the wrong provision.
Can my condo board require me to install hurricane shutters without a unit owner vote?
Only if your declaration of condominium already places installation responsibility on unit owners. Section 718.113(5)(a), Fla. Stat., provides that a vote of unit owners is not required if the installation responsibility is the responsibility of the association or owners under the declaration as originally recorded or as amended. If your declaration is silent on the issue, the board must obtain approval of a majority of the voting interests of the condominium before it can require you to install hurricane protection. A board mandate issued without a majority vote and without declaration authority is not authorized by the statute.
Can my condo association deploy my hurricane shutters during a storm without my permission?
Yes, but only within the specific limit in Section 718.113(5)(b), Fla. Stat. The board may operate hurricane protection without owner permission only if such operation is necessary to preserve and protect the condominium property or association property. This standard typically authorizes the association to deploy shutters on evacuated units during an approaching hurricane. It does not authorize the board to operate your shutters for routine purposes, administrative convenience, or situations that do not involve a genuine threat to the property.
What happens if my condo board records a hurricane protection certificate but I bought my unit after the vote?
You are bound by the recorded certificate. Section 718.113(5)(a), Fla. Stat., requires the board to record the certificate of vote — attesting to the vote result and the installation deadline — in the public records of the county where the condominium is located. A recorded certificate provides constructive notice to subsequent purchasers, meaning buyers who acquire units after the recording are bound by the installation requirement whether or not they received actual notice of it. The statute also provides that a failure to record does not invalidate the vote — so the vote is binding on current owners regardless of recording.
Key Terms Defined
Hurricane protection specifications:
Written standards adopted by the board of administration for each condominium building under Section 718.113(5), Fla. Stat. Specifications may address color, style, and other relevant factors but must comply with the applicable building code. Every board of a residential or mixed-use condominium is required to adopt specifications — the obligation is mandatory.
Material alteration:
A substantial change to or modification of the common elements or association property. Under Section 718.113(2), Fla. Stat., material alterations generally require approval by 75 percent of the total voting interests. Section 718.113(5) expressly provides that hurricane protection installation is not a material alteration — removing it from the supermajority approval requirement.
Majority of voting interests:
The approval threshold for requiring hurricane protection installation under Section 718.113(5)(a), Fla. Stat., when the majority-vote pathway is used. This means a majority of all voting interests of the condominium — not merely a majority of those present at a meeting — must approve the installation requirement. The vote result must be recorded in county public records via a certificate of vote.
Certificate of vote:
A document prepared by the board following a successful majority vote under Section 718.113(5)(a), Fla. Stat., attesting to the vote result and the installation deadline. The board must record the certificate in the public records of the county where the condominium is located. Failure to record does not invalidate the vote but affects constructive notice to subsequent purchasers.
Preserve and protect standard:
The threshold under Section 718.113(5)(b), Fla. Stat., that must be met before the board may operate hurricane protection without owner permission. The board must determine that operation is necessary to preserve and protect the condominium property or association property — typically applicable during storm evacuations and active hurricane threats.
Conclusion
Section 718.113(5), Fla. Stat., establishes a comprehensive statewide framework for hurricane protection in Florida condominium buildings that applies to all residential and mixed-use condominiums regardless of when the declaration was recorded. Every board must adopt code-compliant specifications; requiring installation demands either a recorded majority-vote approval or existing declaration authority; and the board’s power to operate hurricane protection without owner consent is limited to situations necessary to preserve and protect the property. The statute expressly removes hurricane protection installation from the material-alteration doctrine, eliminating the most common argument associations use to block code-compliant installations. Section 718.113(5), Fla. Stat., gives Florida condominium owners strong protection against boards misusing the material‑alteration rule to block hurricane shutters or impact windows, and it requires boards to work within clear statutory procedures and written specifications. An owner’s ability to install hurricane protection that meets or exceeds the building code will depend on what the declaration says about responsibility, what specifications the board has properly adopted, and whether a majority vote has been taken, so those documents must be reviewed together.
Speak with a Florida Condominium Attorney
If your condominium board has denied your hurricane protection installation request, imposed a mandate without the required majority vote or declaration authority, or operated your hurricane shutters outside the statutory preserve-and-protect standard, Florida law gives you enforceable rights under Section 718.113(5). Perez Mayoral, P.A., with offices in Coral Gables, Tampa, and Orlando. We represent homeowners only. We never represent associations.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Florida law changes frequently, and this article was last reviewed against the 2025 Florida Statutes as of May 28, 2026. Because statutes and case law may be amended or interpreted differently after that date, you should confirm the current version of the law or consult a Florida attorney before relying on this information. It is best to consult a licensed Florida attorney for advice specific to your situation.
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