SOME OTHER NEW ASSOCIATION LAWS

While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations:

House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and covenants to every member of the association and going forward to every new member of the association. Also, if an association’s rules or covenants are amended, the association must provide every member of the association with an updated copy of the amended rules or covenants.  This can all be met by posting these rules and amendments on the association’s website.

House Bill 293 was signed by The Governor and it applies to all homeowner associations in the state and says that:

The Board or architectural review committee must adopt “hurricane protection” specifications for each home governed by the association. 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 board must comply with the applicable building code.  

The term “hurricane protection” includes, but is not limited to, roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards, (THAT INCLUDES 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 association.

The statute then says: Notwithstanding any other provision in the governing documents of the association, the board or any architectural, construction improvement, or other such similar committee 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 board or committee. The board or committee may 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.

In effect this statute is saying: “As long as I conform to your style or color scheme you can’t stop me from putting in the type of roof or windows or shutters that I want as long as the hurricane protection meets certain state standards.”

House Bill 1029 was signed into law by The Governor and it is now known as My Safe Florida Condominium Pilot Program.  This program has gotten a lot of attention, and it’s about a new State Program that has not yet been funded by The Florida Legislature – but if it is eventually funded here is how it would work: (And we are really over simplifying things here)

  1. The state would pay inspectors to inspect a condominium property and prepare reports detailing what improvements to the property the association can make to mitigate hurricane damage and the estimated reduction in the association’s insurance premium;
  2. The association would then take this mitigation report and apply to the state for a grant of money to make these repairs.
  3. If approved……for every dollar the association contributes toward repairs, the state would contribute two dollars, up to a maximum of $175,000.00 per association.

But before everybody gets excited here…………….this program really isn’t in existence yet.

The statute specifically says that the “My Safe Florida Condominium Pilot Program is to be implemented pursuant to appropriations”  So if The Florida Legislature does not appropriate any money to the program —– there is no program.  And so far — no appropriations.

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