Hurricane Shutters in a Condo Who Pays, Who Decides, and What the Law Says

The Key Question: Where Does the Unit End?

In a condominium, the division between what the association owns and what the unit owner owns determines who is responsible for hurricane protection on windows and doors.

Florida Statute 718.108 defines common elements as everything outside the unit boundaries. The boundary is typically the interior surface of the perimeter walls, floors, and ceilings. Under this definition:

• Exterior windows and sliding glass doors — typically common elements or limited common elements assigned to the unit. In most Florida condos, the association is responsible for these.
• Interior shutters or films — inside the unit boundary, typically the unit owner's responsibility.
• Balcony doors and windows — balconies are often limited common elements, making the association responsible for their windows and doors.

However, your specific declaration of condominium controls — and declarations vary widely. Read yours before assuming anything.

How to Read Your Condo Documents

Pull your Declaration of Condominium and look for these specific sections:

1. Unit boundaries definition — describes exactly where your unit begins and ends. Look for language about whether windows and doors are included in or excluded from the unit.
2. Maintenance responsibilities — specifies who maintains which elements. Some declarations assign window maintenance to the unit owner even if the windows are technically common elements.
3. Alterations and modifications — describes what unit owners can and cannot do to their units and limited common elements. Installing shutters may require board approval even if you're responsible for the window.
4. Hurricane protection provisions — some newer declarations specifically address hurricane protection and may give unit owners the right to install compliant protection regardless of other restrictions.

When the Association Is Responsible

If your declaration makes windows and exterior doors common or limited common elements under association responsibility:

• The association is responsible for installing and maintaining hurricane protection on those elements
• You can formally request that the board address hurricane protection — submit the request in writing at a board meeting or by certified mail
• If the board refuses to act and your building is in a coastal high-wind zone, you may have grounds for a complaint to the Florida Department of Business and Professional Regulation (DBPR)
• Document all requests and responses in writing

Many Florida condo associations have installed building-wide hurricane protection in recent years, particularly after insurance companies began requiring it for coverage. If yours hasn't, raising the issue at an annual meeting with specific cost data is the most effective approach.

When the Unit Owner Is Responsible

If your declaration assigns windows and exterior doors to the unit owner, or if it's ambiguous:

• You can install hurricane protection on your unit's openings, subject to association approval of style and color
• Florida law limits what the association can prohibit — they cannot ban code-compliant hurricane protection outright
• Submit an architectural modification request to the board before starting any installation
• Use a licensed contractor and pull permits — condo installations are scrutinized and unpermitted work creates problems at sale

See our HOA hurricane shutter rules guide for details on what associations can and cannot restrict.

Insurance Implications for Condo Units

Condo insurance is layered — the association's master policy covers the structure, and your HO-6 unit owner policy covers your personal property and improvements.

For hurricane protection and insurance credits:

• If the association installs building-wide shutters or impact windows, you may be able to claim a wind mitigation credit on your HO-6 policy — ask your insurer
• If you install unit-level protection, have a wind mitigation inspection done and submit the report to your insurer
• In high-rise buildings, upper floors with more wind exposure may receive larger credits than lower floors

Frequently Asked Questions