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IT’S HIGH TIME FOR RULE MAKING!
By
Jan Bergemann
Published June 7, 2024
Since
HB 293 (Hurricane Protections for Homeowners'
Associations) was signed into law by Governor Ron DeSantis,
board members really have to pay attention and act fast: This
bill requires the board – or ARC -- “to adopt hurricane
protection specifications for each structure or other
improvement on a parcel governed by the HOA” (see:
BILL ANALYSIS). That is if they want to have any input
in the way these new hurricane hardening items looks.
If there are no specific rules homeowners can make the changes
without input of the association.
Here is a list of the "hurricane protection” (not limited to)
specifically named by the bill:
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Metal roofs,
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Permanent fixed or roll-down track storm shutters,
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Impact-resistant windows and doors,
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Polycarbonate panels,
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Reinforced
garage doors,
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Erosion controls,
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Exterior fixed generators, and
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Fuel storage tanks.
Some boards are already trying to make rules trying to
circumvent the requirements of the new law and are coming up
with rules that clearly contradict the intent of the law – a law
that is effective since May 24, 2024 – the day the Governor
signed the bill.
It is important to understand that the HOA has rule-making
rights – rules that are reasonable in compliance with the intent
of the law. “The specifications may include the color and
style of hurricane protection products and any other factor
deemed relevant by the board”.
But the HOA can no longer disallow the installation of the
hurricane protection named in the bill. The bill summary makes
it very clear: “prohibits the board or a committee of an
association from denying an application for the installation,
enhancement, or replacement of certain hurricane protection”.
So, if boards want to have any influence on color or style of
the hurricane protection they better get moving and make “reasonable
rules”.
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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