The Calm Before The Storm

Implementing 2024 Legislative Changes to Hurricane Protection for Community Associations

By Richard Hunter and George Root / Published August 2024

The Florida legislature has enacted a number of legislative changes in advance of this year’s storm season, which will change how community associations have to prepare for hurricanes.

     House Bill 1029 had an effective date of July 1, 2024, and was approved by the governor on April 24, 2024, creating Florida Statute §215.5587 and the My Safe Florida Condominium Pilot Program (MSFCPP) within the Department of Financial Services (Department). This program applies to condominiums, and its purpose is to provide hurricane mitigation inspections and hurricane mitigation grants. The legislature will review appropriations annually. This applies to condominiums within 15 miles of the coastline.

     The program essentially attempts to extend the tenets of My Safe Florida Home Program (MSFH), which offered matching grants to homeowners for hurricane protection upgrades, to condominiums. An association must get permission from a majority of its board members or a majority of its members in order to apply for an inspection. The threshold for receiving a grant is higher, requiring unanimous consent of all members of the affected structure or building. This is a high threshold that is hopefully lowered in the future as voter apathy alone often prevents unanimous consent votes. A unit owner may not participate in this program individually apart from the association. It appears the approval process requires a vote to take place at a membership meeting, rather than via written consent forms.

     The hurricane mitigation inspection must include an inspection report summarizing what needs to be done to afford greater hurricane protection, a range of estimates for said improvements, and insurance premium discount information correlated to the suggested mitigation improvements. An application for the mitigation grant must contain the president’s signature attesting to having only filed one application made under penalty of perjury, a notarized listing of the licensed contractors the association intends to use, and a notarized commitment to complete the project. The entire project must be complete before the final grant is released. The project must be completed within a year of grant approval, absent an extension of time.

     All grants are on a matching basis with the State paying two dollars to every association dollar. MSFCPP limits roof-related projects to $11 per square foot times the square feet of the replacement roof, limited to $1,000 per unit, and the maximum grant contribution is limited to 50 percent of the project. The limit for opening protection-related projects grant contribution is a maximum of $750 per replacement window, not to exceed $1,500 per unit, and a maximum grant contribution of 50 percent of the project. The bill provides that an association may receive grant funds for both roof-related and opening protection-related projects, but the maximum grant contribution is limited to $175,000 per association.

     House Bill 1021 changes the requirements for the installation of hurricane protection in a condominium building. This bill creates a uniform definition for hurricane protection. It also requires governing documents to clearly articulate and allocate the responsibilities of unit owners and associations for the costs of maintenance, repair, and replacement of hurricane protection, exterior doors, windows, and glass apertures.

     House Bill 293 requires homeowners’ associations to adopt hurricane protection guidelines which may include the color and style requirements, location requirements, and other installation details. All guidelines regarding hurricane protection systems must comply with the applicable building code.  The bill provides that regardless of any other provision in association governing documents, the homeowners’ associations 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 homeowners’ association or committee.

     Examples of hurricane protection systems are roof systems, storm shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators, and fuel storage tanks. The bill provides a statement of legislative intent providing 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 homeowners’ associations in the state, regardless of when created. Considering that House Bill 1203 seriously curbs an association’s attempts to deny architectural applications if the denial is not tied to a specific covenant, clause rule, or other provision, it is time for most associations to overhaul their architectural guidelines.

     Associations should use the next few months to overhaul their architectural guidelines to make sure that they are more specific and that they incorporate all of the hurricane protection measures cited above. Association boards will need to work with general counsel, contractor vendors, managers, and other professionals to make sure that these guidelines are up to date with industry standards and fit the aesthetic design of the community. Considering we are in the midst of hurricane season, there is no time to waste.

Richard Hunter
Principal Adjuster, Hunter Claims

     Richard Hunter is a principal adjuster with Hunter Claims. If you or the board of your association would like a professional analysis of your coverage or a pre-storm evaluation of your property, call 813-774-7634 or send an email to richard@hunterclaims.com today.

George Root
Attorney, Stockham Law Group, P.A.

     George Root is an attorney in the Tampa office of Stockham Law Group, P.A. He focuses his practice on providing general counsel and litigation services for community associations throughout Florida. His services as general counsel include deed restriction violation enforcement, delinquent assessment collection, compliance, preservation of governing documents, revitalization of governing documents, interpretation of governing documents, risk management, litigation, creditor bankruptcy services, board meeting attendance, board certification courses, and a myriad of other community association legal needs.