This summer brought several changes to legislation affecting Florida HOAs, including House Bill 293, which introduces new requirements regarding hurricane protections. Other new bills include House Bill 59 and House Bill 1203, which you can read more about here. Residents and association members should familiarize themselves with these changes. If you have questions, don’t hesitate to ask our team at Dania Fernandez & Associates, P.A.
Overview of House Bill 293
House Bill 293 became effective July 1, 2024, and introduces new HOAs requirements regarding hurricane protections. The bill aims to enhance the safety and resilience of residential structures across Florida. Here’s a summary of the key provisions.
Hurricane Protection Specifications
- Adoption Requirements – HOAs and Architectural Review Committees (ARCs) must adopt hurricane protection specifications for each structure or improvement on a parcel governed by the HOA. This requirement applies to all HOAs in Florida.
- Specification Details – The specifications may include the color and style of hurricane protection products and any other relevant factors as determined by the board. All adopted specifications must comply with the applicable building code.
- Unified Building Scheme – HOAs or ARCs can require parcel owners to adhere to an existing unified building scheme concerning the external appearance of structures or other improvements on the parcel.
Application for Hurricane Protection
HOAs or ARCs cannot deny an application for the installation, enhancement, or replacement of hurricane protection if it conforms to the specifications adopted by the HOA or ARC, regardless of any other provisions in the HOA’s governing documents. The bill also provides a detailed list of what constitutes “hurricane protection” to ensure clarity and consistency when applied.
Action Items for HOA Board Members
- Review and update hurricane protection specifications to comply with the new requirements.
- Ensure all specifications are in line with the applicable building codes.
- Inform owners about the new specifications and how to apply for hurricane protection improvements.
Contact Our Legal Team With Questions
House Bill 293 introduces essential updates to enhance hurricane resilience in Florida’s residential communities. HOAs should contact their legal counsel to understand the full implications of these changes and ensure compliance. To learn more, contact our team at Dania Fernandez & Associates, P.A.
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