Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: I live in a condominium and want to replace my screened lanai with hurricane impact windows. I am not enlarging the lanai, and the windows will conform to the ones required by the association. I have a bid to replace the screens with windows and replace the screened door with an impact rated door.
I submitted the paperwork to the board and the president has denied the project. I’m being told that the lanai is a limited common element and that I can make no material changes without 75% of the owners’ approval. Since I’m wanting to protect my unit from hurricanes, can I be denied? Signed, R.S.
Dear R.S.,
This is a good example of why statutory language can have unintended consequences. The statute is extremely broad— the board cannot refuse to “approve the installation or replacement of hurricane protection by a unit owner…”. It doesn’t say where, or in what capacity. On its face, this would cover the conversion of your screened lanai into a fully enclosed lanai.
My gut feeling though (and I haven’t reviewed the statutory history) is that this isn’t what was anticipated by the amendment. Among other things, while you have a right to use your lanai, you don’t own it; and it appears the statute is describing protection of a unit and not necessarily its appurtenances. Further, you don’t need to screen the lanai to protect your home — you could just as easily leave the screens in place and put in impact windows and doors on your unit, itself.
In the end, who really knows how this would come out in court. If you decide to fight, I’d certainly be interested in the result!
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please be sure to include your location.
This article originally appeared on Palm Beach Post: Condo says no to hurricane windows, doors despite Florida law. Is that legal?
Reporting by Ryan Poliakoff, Special to the Palm Beach Post / Palm Beach Post
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