Florida Governor Signs House Bill 293 Into Law

Continuing our report on legislative developments, the Governor recently signed House Bill 293 into law. This bill impacts homeowners associations. Below is our firm’s summary of the bill:

House Bill 293: Hurricane Protections for Homeowners’ Associations

This bill focuses on hurricane hardening, requiring HOAs and Architectural Review Committees (ARC) to adopt hurricane protection specifications for each structure or parcel governed by the HOA, and applies to all HOAs in the state, regardless of when the community was created.

• 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.
• 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 improvements on the parcel.
• 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.
• Provides a list of what the term “hurricane protection” includes.

720.3035(6)(a), Florida Statutes

This law takes effect on July 1, 2024. Please contact your association’s counsel if you have questions about these changes and how they will impact your community. We will continue to report legislative developments here.