A unit owner asks to put a charging station in her parking space. The board’s instinct is that anything touching the common elements needs a 75 percent vote, and it holds often enough that boards stop checking. What a Florida condominium association cannot prohibit comes from Chapter 718, and the declaration does not get a vote. Reading that line is Licensed Community Association Manager (CAM) work. At Synergistic Community Association Management, we do that reading for the Condominium Owners Association (COA) boards we serve throughout Florida.
Highlights
- Under FS 718.113(8)(a), a Florida condominium association may not prohibit a unit owner from installing an electric vehicle charging station in that owner’s exclusively designated parking area.
- Every residential and mixed-use condominium board in Florida must adopt hurricane protection specifications under FS 718.113(5), and FS 718.113(5)(c) bars refusing a conforming owner installation.
- A Florida condominium unit owner may display one portable, removable United States flag regardless of the declaration, plus removable service flags on six named holidays, under FS 718.113(4).
- FS 718.113(6) does not allow a Florida condominium association to refuse a religious object on the unit door frame within 3 inches wide, 6 inches high, and 1.5 inches deep.
- FS 163.04(2) reaches only inside a condominium unit’s boundaries, so a Florida condominium roof stays a common element, though FS 718.113(7) lets the board install solar collectors there.
Can an association prohibit an EV charging station?
No. Under FS 718.113(8)(a), neither the declaration nor the board may stop an owner from installing an electric vehicle charging station in that owner’s limited common element or exclusively designated parking area. Two conditions are automatic: the electricity must be separately metered or metered by an embedded meter under (8)(c), and the owner carries installation, operation, maintenance, and insurance costs under (8)(e). Other conditions apply only if the association imposes them: a licensed installer, architectural standards that do not prohibit the station or substantially raise its cost, and a certificate of insurance within 14 days.
Must a board approve an owner’s hurricane shutters?
Once specifications exist, yes. FS 718.113(5) requires every residential and mixed-use condominium board in Florida to adopt hurricane protection specifications for each building it operates, complying with the building code. FS 718.113(5)(c) then bars refusing an owner installation or replacement that conforms to them, though the board may require adherence to an existing unified building scheme on exterior appearance. A board with no adopted specifications is out of compliance with subsection (5) and poorly placed to defend a refusal.
What may an owner display on a condominium door?
FS 718.113(4) lets any unit owner display one portable, removable United States flag, whatever the declaration says. On six named days, Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, and Veterans Day, the owner may add official service flags no larger than 4 1/2 by 6 feet. FS 718.113(6) separately bars refusing a small religious object on the unit door frame.
Can an owner put solar on the condominium roof?
Usually not. FS 163.04 protects renewable energy devices, but subsection (2) runs to residential dwellings and property within a condominium unit’s boundaries, and subsection (4) excludes patio railings. A roof is a common element. FS 718.113(7) does let the board install solar collectors and clotheslines on the common elements for the benefit of the unit owners, with no owner vote.
Looking for a community association management partner in Florida?
If your board has never adopted hurricane protection specifications, fix that first. Confirming what Chapter 718 requires before a board refuses a request is where peace of mind comes from. Synergistic Community Association Management is a certified woman-owned firm managing COAs, Homeowners Associations (HOAs), and master associations throughout Florida. Local Tampa team, Midwestern work ethic, and one dedicated local contact for every community instead of a call-center queue.
This post is general information and not legal advice. Consult association counsel about your governing documents.
Liz Welch, Licensed Community Association Manager, Broker and Owner
Phone: 813-940-8588
Email: hello@synergisticcam.com
Web: https://synergisticcam.com/
Office: 4511 N. Himes Ave., Suite 125, Tampa, FL 33614
Synergistic CAM manages communities throughout Florida.
