Have you seen the news about this year’s hurricane season? Nearly all of the hurricane forecasts are predicting a very active season, one that could set records.
Of course, it only takes one to hit your house to cause significant issues. Anyone who lived in Florida in 2004 knows how disruptive an active hurricane season can be, even if you are miles from the coast.
Over the past few years, we’ve seen a tremendous amount of damage from hurricanes large and small and in areas across the state.
As such, one of the key issues the Florida Legislature has looked at over the years is making Florida more resilient to hurricanes and providing the resources to return to normal life more quickly.
One of those bills, HB 293, focused on homeowners’ associations and specifically says homeowners associations cannot prevent any homeowner from making changes to its property if it is preparing for a hurricane.
While passed with good intentions, this bill could create many issues regarding how these improvements are allowed for associations and homeowners, meaning all associations should act immediately to ensure they are in compliance with the law with clear guidelines.
The bill was signed on May 29, and took effect immediately!
The attorneys at The Orlando Law Group represent more than 100 communities in Central Florida. If you live in Orlando, Winter Garden, Altamonte Springs, Kissimmee or anywhere throughout Central Florida, The Orlando Law Group is ready to help you.
What Does the New Law Specifically Say?
Compared to other bills passed – like the association reform bill HB 1203 – the hurricane preparation bill for associations is only a couple of pages long and gets to the point quickly.
Again, it says that an association cannot prevent a homeowner from making hurricane improvements. Those include:
- Roof systems that meet ASCE 7-22 standards,
- Permanent fixed storm shutters,
- Roll-down track storm shutters,
- Impact-resistant windows and doors,
- Polycarbonate panels,
- Reinforced garage doors,
- Erosion controls,
- Exterior fixed generators, and
- Fuel storage tanks.
There is also one overreaching line to allow for items not thought of during bill drafting: “Other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association.”
That leaves the door open for a lot of changes to get around prohibitions in an association’s covenants and just another reason all associations need to act quickly.
What Can Associations Do To Maintain Community Standards
To be clear, the new law does not mean someone can put a 5,000-gallon fuel tank on the front lawn of their Lake Nona mansion – unless the homeowners’ association doesn’t take action.
Thankfully, the legislature gives the association the ability to regulate these improvements.
It is very clear in the new statutes: “The board or committee may require a parcel owner to adhere to an existing unified building scheme regarding the external appearance of the structure or other improvement on the parcel.”
Of course, if you don’t have those schemes in writing and delivered to all homeowners, it may be tough to regulate.
It also says the homeowner still needs to file an application with the association to put in the hurricane resilience items. However, the association cannot deny the application, if it applies to the community standards.
If association documents do not have standards for these items, it will be time to rewrite and change your association documents to set community standards for anything that might be considered preparation for a hurricane.
For instance, an association can require hurricane shutters to be a particular color or design. An association can require an external fuel tank and permanent generator to be installed where they can’t be seen from the road.
It’s a heavy task to complete in a short time, so it is critical to reach out to your association attorney soon.
The law requires homeowners’ associations to act now!
These changes must be done by every homeowners’ association in Florida, although it does not give a date they need to be done.
Specifically, the new law states:
The board or any architectural, construction improvement, or other such similar committee of an association must adopt hurricane protection specifications for each structure or other improvement on a parcel governed by the association. The specifications may include the color and style of hurricane protection products and any other factor deemed relevant by the board. All specifications adopted by the board must comply with the applicable building code.
One thing to take note of is that it doesn’t just include setting standards for the homes in the community. It required hurricane specifications for each “structure or other improvement” covered by the association.
That could include the clubhouse, the community playground, any fencing and even the little library a volunteer put up to encourage reading.
It won’t be an easy lift for any association. And, again, it is for every association in Florida, regardless of whether it was formed in 2024 or 1974.
The attorneys at The Orlando Law Group can help association board members and managers in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on June 12, 2024 by The Orlando Law Group
