Should HOAs be able to dis-allow metal roofing?
Florida Senate Bill 600 has raised a critical question: should HOAs have the right to restrict homeowners from installing metal roofing and other hurricane protections? This bill was filed in late 2023 and introduced to the Florida Senate on January 9, 2024. The outcome of this bill could have a positive impact on homes that are unable to add these necessary protections due to HOA restrictions. We're keeping a close eye on this development and eagerly await the outcome. For more details, read on.
About Florida Senate Bill 600
Hurricane Protections for Homeowners’ Associations; Requiring the board or a committee of a homeowners’ association to adopt hurricane protection specifications; requiring that such specifications conform to applicable building codes; prohibiting the board or a committee of an association from denying an application for the installation, enhancement, or replacement of certain hurricane protection; authorizing the requirement to adhere to certain guidelines regarding the external appearance of a structure or an improvement on a parcel, etc.
Florida Senate – 2024 SB 600
By Senator Ingoglia
11-00773-24 2024600__
1 A bill to be entitled
2 An act relating to hurricane protections for
3 homeowners’ associations; amending s. 720.3035, F.S.;
4 providing applicability; requiring the board or a
5 committee of a homeowners’ association to adopt
6 hurricane protection specifications; requiring that
7 such specifications conform to applicable building
8 codes; prohibiting the board or a committee of an
9 association from denying an application for the
10 installation, enhancement, or replacement of certain
11 hurricane protection; authorizing the requirement to
12 adhere to certain guidelines regarding the external
13 appearance of a structure or an improvement on a
14 parcel; defining the term “hurricane protection”;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (6) is added to section 720.3035,
20 Florida Statutes, to read:
21 720.3035 Architectural control covenants; parcel owner
22 improvements; rights and privileges.—
23 (6)(a) To protect the health, safety, and welfare of the
24 people of the state and to ensure uniformity and consistency in
25 the hurricane protection installed by parcel owners, this
26 subsection applies to all homeowners’ associations in the state,
27 regardless of when the community was created. The board or any
28 architectural, construction improvement, or other such similar
29 committee of an association shall adopt hurricane protection
30 specifications for each structure or other improvement on a
31 parcel governed by the association. The specifications may
32 include the color and style of hurricane protection products and
33 any other factor deemed relevant by the board. All
34 specifications adopted by the board must comply with the
35 applicable building code.
36 (b) Notwithstanding any other provision in the governing
37 documents of the association, the board or any architectural,
38 construction improvement, or other such similar committee may
39 not deny an application for the installation, enhancement, or
40 replacement of hurricane protection by a parcel owner which
41 conforms to the specifications adopted by the board or
42 committee. The board or committee may require a parcel owner to
43 adhere to an existing unified building scheme regarding the
44 external appearance of the structure or other improvement on the
45 parcel.
46 (c) For purposes of this subsection, the term “hurricane
47 protection” includes, but is not limited to, metal roofs,
48 permanent fixed storm shutters, roll-down track storm shutters,
49 impact-resistant windows and doors, polycarbonate panels,
50 reinforced garage doors, erosion controls, and other hurricane
51 protection products used to preserve and protect the structures
52 or improvements on a parcel governed by the association.
53 Section 2. This act shall take effect upon becoming a law.