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SOME OTHER NEW ASSOCIATION LAWS
By
Eric Glazer, Esq.
Published July 1, 2024
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
which 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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