This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0293a.RRS
DATE: 1/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 293 Hurricane Protections for Homeowners' Associations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 600
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
13 Y, 0 N, As CS Larkin Anstead
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners and membership is a mandatory condition of parcel ownership. HOAs are
authorized to impose assessments that, if unpaid, may become a lien on the parcel. HOAs may levy fines
against or suspend certain access rights of a parcel owner for failing to comply with the HOA’s governing
documents.
If the HOA’s governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:
Require a review and approval of plans and specifications for the location, size, type, or appearance of
any structure or other improvement on a parcel before a parcel owner makes such improvement.
Enforce standards for the external appearance of any structure or improvement located on a parcel.
Hurricane hardening involves improvements to a home or other structure to make it less susceptible to damage
from extreme wind, flooding, or flying debris. Hardening improves the durability and stability of a structure,
making it better able to withstand the impacts of hurricanes without sustaining major damage.
The bill:
Requires an HOA or ARC to adopt hurricane protection specifications for each structure or other
improvement on a parcel governed by the HOA. The specifications may include the color and style of
hurricane protection products and must comply with the applicable building code.
Prohibits an HOA or ARC from denying an application for the installation, enhancement, or replacement
of hurricane protection by a parcel owner which conforms to the specifications adopted by the HOA or
ARC.
Allows the HOA or ARC to 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.
Provides that "hurricane protection” includes, but is not limited to:
o Metal roofs,
o Permanent fixed or roll-down track storm shutters, and
o Impact-resistant windows and doors.
The bill provides 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 installed by parcel owners, the bill applies to all HOAs in
the state, regardless of when the community was created.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of upon becoming law. STORAGE NAME: h0293a.RRS PAGE: 2
DATE: 1/17/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Homeowners’ Associations
A homeowners’ association (HOA) is an association of residential property owners in which voting
membership is made up of parcel owners and membership is a mandatory condition of parcel
ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
parcel.
1
Only HOAs whose covenants and restrictions include mandatory assessments are regulated by Ch.
720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
by an elected board of directors (board). The powers and duties of an HOA include the powers and
duties provided in the HOA Act, and in the association’s governing documents, which include the
recorded covenants and restrictions, together with the bylaws, articles of incorporation, and duly
adopted amendments to those documents.
2
An HOA must be a Florida corporation and the initial governing documents must be recorded in the
official records of the county in which the community is located. The powers and duties of an
association include those set forth in the HOA Act and in the governing documents, except as expressly
limited or restricted in the HOA Act.
No state agency has direct oversight over HOAs. However, Florida law provides for a limited mandatory
binding arbitration program, administered by the Division of Condominiums, Timeshares and Mobile
Homes, within the Department of Business and Professional Regulation, for certain election and recall
disputes.
3
HOA Architectural and Construction Improvement Covenants and Rules
If the governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:
4
Require a review and approval of plans and specifications for the location, size, type, or
appearance of any structure or other improvement on a parcel before a parcel owner makes
such improvement.
Enforce standards for the external appearance of any structure or improvement located on a
parcel.
The HOA or ARC may not restrict the right of a parcel owner to select from any options given in the
governing documents for the use of material, the size of the structure or improvement, the design of the
structure or improvement, or the location of the structure or improvement on the parcel.
5
Each parcel owner is entitled to the rights and privileges set forth in the governing documents
concerning the architectural use of the parcel, and the construction of permitted structures and
improvements on the parcel and such rights and privileges may not be unreasonably infringed upon or
impaired by the HOA or ARC. If the an HOA or ARC unreasonably, knowingly, and willfully infringes
1
S. 720.301(9), F.S.
2
See generally ch. 720, F.S.
3
S. 720.311, F.S.
4
S. 720.3035(1), F.S.
5
S. 720. 3035(2), F.S. STORAGE NAME: h0293a.RRS PAGE: 3
DATE: 1/17/2024
upon or impairs such rights and privileges, the adversely affected parcel owner may recover damages,
including any costs and reasonable attorney’s fees.
6
An HOA or ARC may not enforce any policy or restriction that is inconsistent with the rights and
privileges of a parcel owner set forth in the governing documents, whether uniformly applied or not.
7
Levying Fines
Owners, tenants, and guests must comply with an HOA’s governing documents, including those related
to architectural or construction improvements. HOAs may levy fines against or suspend the right of a
parcel owner, tenant, or a guest of an owner or occupant, to use the common areas
8
or any other
association property for failing to comply with any provision in the HOA’s governing documents.
9
No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of a
continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
exceed $1,000 if the HOA’s governing documents authorize it. A fine may not become a lien on the
property unless it exceeds $1,000.
10
Hurricane Hardening
Generally, hurricane hardening involves improvements to a building structure and its openings to make
it less susceptible to damage from extreme wind, flooding, or flying debris. Hardening improves the
durability and stability of a structure, making it better able to withstand the impacts of hurricanes and
weather events without sustaining major damage.
11
Hurricane hardening includes installing hurricane impact-rated doors, windows with impact-resistant
glass, reinforced roof and wall structures that meet or exceed high-velocity impact codes, independent
emergency power systems, potable water storage, fuel stores, and other supplies and systems that will
sustain those within the building for a certain time period after a storm.
12
Most hurricane hardening must be installed in compliance with applicable codes, including the Florida
Building Code, and by a licensed construction contractor.
13
Condominium Hurricane Protection Specifications
Each residential condominium must adopt hurricane shutter specifications for each building of the
condominium, which must include color, style, and other factors deemed relevant by the condominium.
All such specifications must comply with the applicable building code.
14
A condominium is not required
to adopt other hurricane protection specifications.
A condominium may not refuse to approve the installation or replacement of hurricane shutters, impact
glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a
condominium unit owner conforming to the condominium’s specifications.
15
6
S. 720.3035(4), F.S.
7
S. 720.3035(5), F.S.
8
This does not apply to that portion of common areas used to provide access or utility services to the parcel. A
suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress
from the parcel, including, but not limited to, the right to park. S. 720.305(2)(a), F.S.
9
S. 720.305, F.S.
10
S. 720.305(2), F.S.
11
Hurricane Hardening, WGInc, (June 14, 2018), https://wginc.com/hurricane-hardening/ (last visited Dec. 8, 2023);
Hardening and Resiliency U.S. Energy Industry Response to Recent Hurricane Seasons, U.S. Department of Energy,
Aug. 2010, p.8, https://www.oe.netl.doe.gov/docs/HR-Report-final-081710.pdf (last visited Dec. 8, 2023).
12
Id.
13
See s. 553.72(1), F.S.; S. 489.105, F.S.
14
S. 718.113(5), F.S.
15
S. 718.113(5)(d), F.S. STORAGE NAME: h0293a.RRS PAGE: 4
DATE: 1/17/2024
Effect of the Bill
The bill requires an HOA or any ARC to adopt hurricane protection specifications for each structure
or other improvement on a parcel governed by the HOA. 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 HOA must comply with the applicable building code.
The bill allows the HOA or ARC to 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.
The bill provides that, regardless of any other provision in the HOA’s governing documents, the HOA or
ARC may not deny an application for the installation, enhancement, or replacement of hurricane
protection by a parcel owner which conforms to the specifications adopted by the HOA or ARC.
The bill provides that "hurricane protection” includes, but is not limited to:
Metal roofs,
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 HOA.
The bill provides 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 installed by parcel owners, the bill applies
to all HOAs in the state, regardless of when the community was created.
B. SECTION DIRECTORY:
Section 1: Amends s. 720.3035, F.S.; requiring HOAs to provide certain guidance and allow certain
improvements related to hurricane protection.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures: STORAGE NAME: h0293a.RRS PAGE: 5
DATE: 1/17/2024
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more HOA parcel owners to harden their homes to withstand a storm, which could
increase construction in the state and reduce effects of a storm on residences.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
It is not clear if the bill is intended to be applied retroactively.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 17, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The committee substitute adds exterior
fixed generators and fuel storage tanks to the list of items for which an HOA must adopt specifications for
acceptable use or installation by parcel owners.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.