Hurricane season is part of life in Florida, but after the 2024 legislative changes, association boards have more than just storm tracking to keep in mind. Recent changes to Florida law now require both homeowners’ associations and condominium associations to take specific steps when it comes to approving hurricane protections for homes and buildings in their communities.
For Homeowners’ Associations – HB 293
House Bill 293, which went into effect May 28, 2024, requires every HOA in Florida, no matter when it was established, to adopt written specifications for hurricane protection products. These specifications must meet the Florida Building Code and can address details like style and color to maintain a consistent look across the community.
“Hurricane protection” under the law is broadly defined and can include:
• Roof systems meeting ASCE 7-22 standards
• Permanent or roll-down storm shutters
• Impact-resistant windows and doors
• Polycarbonate panels
• Reinforced garage doors
• Exterior fixed generators and fuel storage tanks
• Erosion controls
• Other code-compliant products designed to protect structures
Once your board adopts these specifications, you cannot deny a homeowner’s application to install, enhance, or replace hurricane protection that meets them. The law does still allow boards to enforce a “unified building scheme” to keep appearances consistent.
For Condominium Associations – HB 1021
Condo associations are also now required to adopt hurricane protection specifications that comply with the building code. HB 1021 expands on this by clarifying:
• Installation, maintenance, repair, replacement, and operation of hurricane protection is not a “material alteration” requiring a unit owner vote if it is the association’s responsibility.
• Boards can require installation of hurricane protection, with certain voting and notice requirements.
• Associations cannot refuse to approve hurricane protection that meets their specifications, but they may require adherence to unified appearance standards.
• Rules have been updated for who pays the cost of removal/reinstallation when work on other association property is necessary.
What This Means for Your Board
If your community’s standards haven’t been updated, now is the time to act. Without adopted specifications, you risk confusion, inconsistent installations, and legal challenges from owners whose applications are denied.
Your board should work with experienced association counsel to:
• Draft hurricane protection specifications that balance safety, compliance, and aesthetics.
• Update your ARC/DRB application process to reflect the new laws.
• Communicate changes clearly to owners before hurricane season peaks.
At DHN Attorneys, we help boards navigate these requirements so they can focus on protecting their communities, not fighting legal battles in the middle of storm season.
If your HOA or condominium board needs help drafting specifications or revising approval policies, contact us today. Acting now will ensure you are ready before the next storm approaches.
