Florida House Bill 293 (HB 293) was signed into law and immediately went into effect. This new law addresses hurricane protections for homeowners’ associations (HOAs) in Florida.
Entitled “Hurricane Protections for Homeowner Associations,” this new Florida law mandates that HOAs adopt specific hurricane protection standards for structures and improvements within their communities.
These standards must conform to the applicable Florida building codes and can include specifications such as color and style of hurricane protection products.
Below are three main provisions includes in HB 293:
1. Adoption of Hurricane Protections: Florida HOAs must establish specifications for hurricane protections and ensure they meet current building codes. These specifications can include a range of protective measures.
As noted in the HB 293 summary: “The term ‘hurricane protection’ is defined by the bill to include, but not be limited to, roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards, which are standards adopted by the American Society of Civil Engineers, permanent fixed storm shutters, roll-down track storm shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators, fuel storage tanks and other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association.”
2. Non-Denial of Homeowner Applications: HOAs are prohibited from denying applications for the installation, enhancement, or replacement of hurricane protections that meet the adopted specifications. This provision ensures that homeowners can make necessary upgrades to protect their properties from hurricanes without undue interference from the HOA.
3. Establish Uniformity and Consistency: This new law emphasizes the importance of uniformity and consistency in hurricane protections across all HOAs in Florida, regardless of when the community was established. This aims to enhance the overall safety and resilience of residential structures statewide.
As noted in the HB 293 summary: “The bill provides a statement of legislative intent providing that, in order to protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protection…regardless of when the community was created.”
HB 293 was passed unanimously in both the House and Senate and was signed into law by Governor DeSantis, becoming effective on May 28, 2024.
You can find the full law and more information here.
Legal Resource
If you are Florida condominium board member or property manager with questions about this or other legal updates and the impact to your community association, do not hesitate to contact our law firm.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2024 Kovitz Shifrin Nesbit, A Professional Corporation.