Q. I live in a gated community of single-family homes governed by a homeowner association. The declaration of covenants says that no shutters, including hurricane or storm shutters, may be affixed to the exterior of any dwelling. But the condo law, FS 718.113, allows window protection. Does this law apply to us, allowing us to protect our property?
A. The Condominium Act (FS 718) does not apply to homeowner associations. But don't panic. I interpret that statement in your covenants to mean that absentee owners cannot install shutters for the entire summer while they are away. It should not prohibit the installation of window coverings when a storm is imminent. I suggest the board ask the association attorney to clarify this with a letter of interpretation. I also recommend that the board create a policy about storm shutters: the type, style, color, etc., and when they may be installed and when they must be removed.
Sorting out storm-damage costs
Q. When hurricane damage to the exterior of a building leads to damage of an individual unit, how do you determine which damage the association pays for and which the unit owner pays for?
A. If the roof failed and a unit sustained water damage, the unit owner would seek coverage from his or her insurance company, not from the association. The association would file a claim for the roof damage but is not responsible for personal property losses. It's usually clear where common areas end and where private property begins. Consult your documents and your insurance agent.
Storm damage to new roof
Q. I live in a unit with four apartments. Six months ago I paid for a new roof on my unit. Now a hurricane has damaged my neighbors' roofs, and the roofer says all four roofs must be replaced. I have an insurance deductible. If I have to put on another new roof, I'll have to pay that deductible. Do I have to do this?
A. I'm guessing that the roofs of all four units adjoin and it is necessary to replace all four to maintain structural integrity. Unfortunately, you'll have to pay again. You'll have to pay only the deductible, though, and you'll have an IRS tax deduction for the loss.
Richard White is a licensed community associations manager. Write to him c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at toll-free 1-800-226-9101 with questions or requests for materials. Access the Bureau of Condominiums Web site at http://www.state.fl.us/dbpr/lsc/index.shtml or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.
Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
