Hurricane shutters

Started by NormanT • 7 replies • 1573 views

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NormanT (Florida)
Posts: 2

Posted:

I am a new board member in a gated association with a master board and 7 seperate hoa's. Both the master board and our hoa rules & procedures for compliance state what shutters can be made of, and that they must meet state and county spec's. We also state " They may be instaled when imminent danger of a hurricane is announced for our area and must be removed when the National Weather Service cancels danger. Panels CANNOT remain instaled for periods of time while homeowner is away from the area. Arrangements must be made to have panels installed & removed in accordance with these instructions"
This has been the case sience the HOA was established many years ago.
Now a few home owners (less than 5-6 of 201) demand that we change our hoa rules to allow them to put up these shutters during the whole hurricane season
from 1 June to Nov 30th. What are our options?

NormanT

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your "option" is to do nothing. You have the rules; if they want to call for a special vote on this issue, there are guidelines in the bylaws for THEM to take action.

Why are you letting 5 - 6 people (who it sounds like, just want something to cover their windows while they are not in town) "demand" a rule change?

You don't have to answer every barking dog.

Do nothing.

GlenL (Ohio)
Posts: 5,491

Posted:

I assume you are not interested in changing it so I would give the people asking the information on how to change a covenant and if they can get the number of signatures required to change the covenant (usually 75% of members in good standing) to show that there is an interest in changing it the BOD will schedule it for a vote. Or at your next annual meeting you could schedule it for a vote and everyone will have to live with the outcome.

Studies show that 5 out of 4 people have problems with fractions

MicheleD (Kentucky)
Posts: 4,491

Posted:

I agree wholeheartedly with Susan, and with Glen.

In our HOA when we've had a few "barking dogs" attempt to try to intimidate the board into changing various rules or CC&Rs, we proceed just as Glen suggested.

We point them to the portion in the CC&Rs that instructs on how to vote on amendments and let them make their case to the entire membership.

One was an attempt to get above-ground pools approved; it failed. But had it not, the fact of the matter is, if the membership wants the change and the CC&R requirements for amendment presentation and approval is met, then the membership has spoken and the new rule applies.

NormanT (Florida)
Posts: 2

Posted:

They are claiming that if they are denied and they have damage during a hurricane because we had not allowed them to close the shutters before they left, we ( the association) could be lible for a lawsuit.

MicheleD (Kentucky)
Posts: 4,491

Posted:

They can claim whatever they want, I guess.

They are aware of the rules and the situations where they need to provide and remove the covers, so it would seem to me that they would not have very much of an argument.

GlenL (Ohio)
Posts: 5,491

Posted:

Norman I must once again make an assumption here but I assume these homeowners were of legal age to enter into a contract and signed the 'Disclosure Summery' called for in 720.401 and had a chance to review the CC&R's before they purchased. Well when they purchased they agreed to be bound by the covenants so if they were too stupid to A-read them B-understand them or thought they could get around them; unless the state of Florida or the federal government has a statute that countermands the CC&R's they agreed to - then too bad for them.

Studies show that 5 out of 4 people have problems with fractions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Norman,
Your Association is in compliance with the Florida Statutes on hurricane protection devices. Yes, you can make such a rule as to their installation and removal.

Some things to use as a defense against the seasonal install is two things. First of all, season last for 6 months and that is way to long to be looking at the shutters. BUT more importantly, it is a deterance for accessing the house by fire or police in the event of a fire, it is very ,very dangerous.

We had this occur alot right after the triplets went thru, you know them by Frances, Jeannie and Wilma. But the bottom line is to line up some people who will get them installed and take them down. It's not like we don't get enough notice to get it taken care of.

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