Understanding Your Legal Rights Regarding Hurricane Protection in Florida HOAs

As we enter yet another threatening hurricane season in Florida, LS Carlson recognizes that it is vital for homeowners to understand what rights they have to properly protect their homes. As of July 1, 2024, § 720.3035, Florida Statutes, was amended to require all HOAs to adopt Hurricane Protection Specifications. At a basic level, the new legislation gives homeowners the right to construct and install hurricane protection products that comply with the Hurricane Protection Specifications. LS Carlson remains at the forefront of representing homeowners with issues surrounding hurricane damage and has ample first-hand experience dealing with the newly amended statute.

The newly enacted requirement that all HOAs must adopt Hurricane Protection Specifications applies to all HOAs, regardless of when the community was created. When adopting the new specifications, the HOA must weigh the two purposes of the statute: to protect the health, safety, and welfare of the members, and to help ensure uniformity and consistency in the hurricane protection installed by owners.

The specifications govern structures or other improvements that fit within the statute's broad description of "hurricane protection." Under § 720.305, Florida Statutes, "hurricane protection" includes, but is not limited to, roof systems recognized by the Florida Building Code which 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, fuel storage tanks, and other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association. The Hurricane Protection 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.

Other than requiring an owner to adhere to an existing unified building scheme, the board or any committee of the HOA may not deny an application for the installation, enhancement, or replacement of hurricane protection that conforms with the Hurricane Protection Specifications.

A copy of your HOA's hurricane protection specifications may be obtained by contacting your HOA or by submitting an official records request pursuant to § 720.303, Florida Statutes.