Your HOA may no longer prevent you from hardening your home against hurricanes, according to a new bill signed by Gov. Ron DeSantis this week. But they can still tell you what color your hurricane shutters can be.
Hurricane hardening means changing or upgrading elements of a building and its openings to make it more durable and "less susceptible to damage from extreme wind, flooding, or flying debris," according to an analysis of the bill. This can include stronger doors and windows, reinforced roofs, emergency power systems and more.
HOAs also must provide physical or digital copies of their rules and covenants to every existing and new member as of Oct. 1, plus any new updates. The bills were two of the nine DeSantis signed on Tuesday.
The big sweeping HOA bill that passed this year, HB 1203, which enforces transparency and prohibits some of the more restrictive rules and covenants, is still awaiting DeSantis' signature.
Here's what's changing in your neighborhood.
HB 293 - Hurricane Protections for Homeowners' Associations
Effective immediately, all homeowners' associations in Florida must create hurricane protection specifications concerning the "color and style" of hurricane mitigation products "and any other factor deemed relevant by the board" to maintain a unified external appearance for buildings covered by the HOA, provided they comply with applicable building codes.
Aside from violations to that specification, HOAs may not prohibit any homeowner from installing or upgrading hurricane protection products. The bill applies to all HOAs, no matter when they were created, "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 installed by parcel owners.:
This comes just ahead of what forecasters say will be an extremely busy hurricane season due torecord warm water temperatures and the presence of La Niña.
Prepping your home:2024 will be a busy hurricane season in Florida. Here's what you should start doing now
What hurricane protection products must HOAs in Florida allow?
Permitted hurricane protection products include, but are not limited to:
- Roof systems recognized by the Florida Building Code which meet ASCE 7-22 48 standards
- Permanent fixed storm shutters
- Roll-down track storm shutters
- Impact-resistant windows and doors
- Reinforced garage doors
- Erosion controls
- Exterior fixed generators
- Fuel storage tanks
- Other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association
HB 59: Provision Of Homeowners' Association Rules and Covenants
This change is short and sweet: HOAs must provide a physical or digital copy of their rules and covenants to every member of the association and to every new member going forward. If the rules or covenants are changed, new copies must be provided.
It sounds simple, but while many HOAs exist to maintain safe and pleasant communities, some HOA boards have become notorious for assessing fines based on unclear or overly restrictive rules in a seemingly arbitrary, obsessive or even vindictive manner.
HOAs may just post links to a complete copy of the rules and covenants on their websites if available, and then notify all members by email or physical mail.
The new law goes into effect July 1.
What HOA bills didn't make it?
The Florida Legislature took aim at HOAs this year with a variety of bills intended to cut back on HOA horror stories. Here is the proposed legislation that didn't pass or died in committee.
- HB 431/SB 826: Would have restricted or capped fines levied by HOAs
- HB 1243: Would have made it easier to contact HOA managers or management firms, made HOA-related bribes a felony, and prohibited discrimination in restrictions.
- HB 173: Would have required not-for-profit HOAs to donate or use at least 15% of the association's annual income to benefit the community.
- SB 426: Would have created the Condominium Fraud Investigation Pilot Program and the Office of the Homeowners Association Ombudsman.
- HB 595/SB 942: Would have created a searchable database of HOA information.
- HB 627/SB 1234: Would have required HOAs to provide prospective buyers with info on rules, fines and fees, the most recent year-end financial information and the minutes from the last year's worth of meetings, and allowed buyers a three-day cancellation period.
- HB 979: Would have prohibited HOAs from charging fees to prepare and deliver estoppel certificates (confirmation of the current status of the lease for the property and any moneys owed or fees due, among other things).
What are HOAs?
A Homeowner's Association or HOA is an organization in a planned community or neighborhood subdivision that creates and enforces rules for the properties, residents and guests. It charges fees to be used for the maintenance of the community and may levy fines against residents who violate the rules.
HOA rules are often in place to maintain conformity among the permitted architecture, color schemes, landscaping and decorations. HOAs also enforce parking restrictions, noise complaint policies, home occupancy limits, vacation rentals and more.
Anyone buying property within the jurisdiction of an HOA automatically becomes a member of the HOA and subject to its restrictions and covenants.
