Hurricane Season Is Coming. Is Your Community Association Ready?

Historically, Florida’s Condominium Act only ever required associations to set required specifications for hurricane shutters, such as size or material, and the Florida Homeowners’ Association Act did not have any specifications about hurricane protection at all. In 2024, however, the state legislature made changes to both Acts, stating that both these types of associations must be able to discuss required specifications for all viable types of hurricane protection – and in many cases, to pay for their installation. It is important that both you and your association be ready for hurricane season.

Many Types Of Protection

While hurricane shutters have been one of the most commonly used types of hurricane protection, there are other viable options that a condo owner or a homeowner in an association may choose as best for their home. Many declarations of condominium or founding documents of an HOA establish that an association is responsible for the installation and upkeep of fixtures like impact glass, rolling shutters or screens – but even if they are not,  the association has the right to regulate aspects of those protections.

There are two main reasons why an association is allowed to regulate hurricane protection even if they are not the ones installing it. The first is that the association has a defined interest in retaining a certain visual look, and past precedent has allowed condo and HOA boards to regulate appearances to that end. The second interest, particularly in a condo association,  is in preserving the common elements, given that many types of protection will be affixed to them (such as hurricane fabric or rolling shutters).

Is It Code Compliant?

What all this means for the average unit or parcel owner is that if their hurricane protection conforms to their association’s specifications, it must be approved – as long as it is code-compliant, the board may not, by law, refuse its installation or modification. It can, however, ask an owner to ensure their home conforms to the association’s “existing unified building scheme.”

It may seem strange to non-Floridians that a community association has the right to approve or reject hurricane protections if they do not conform to certain aesthetics, but It only reinforces the need to act fast. Hurricane season tends to begin in late May to early June, and installing certain types of hurricane protection can be time-consuming. It is always better to deal with the matter as quickly as possible, so that everyone can feel protected when the storms start to roll in.

Call A Tampa Community Association Attorney

Hurricanes are a fact of life in Florida, and it is crucial to be prepared in case this is the year a storm hits too close to home. If you have questions or concerns about hurricane protection specifications, a Tampa community association attorney from the Seward Law Office can help. Contact our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2021/718.113