With the recent passing of HB 293, Homeowners Associations (HOAs) and Architectural Review Committees (ARCs) must proactively understand and implement the changes mandated by the new law. This bill introduces significant requirements for hurricane protection measures for properties within an HOA. Association boards, ARC committees, management, and association attorneys must convene and strategize their response to ensure compliance and maintain community standards.

Key Changes Introduced by HB 293

1. Hurricane Protection Specifications: HOAs or ARCs must adopt hurricane protection specifications for each structure or improvement on parcels governed by the HOA. These specifications must comply with applicable building codes and may include details on the color and style of hurricane protection products.

2. Approval of Conforming Applications: HOAs or ARCs cannot deny applications for installing, enhancing, or replacing hurricane protection measures that conform to the adopted specifications.

3. Adherence to Unified Building Schemes: Associations can require parcel owners to follow existing unified building schemes concerning the external appearance of structures or improvements.

4. Definition of Hurricane Protection: The bill broadly defines hurricane protection as metal roofs, permanent fixed or roll-down storm shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators, and fuel storage tanks.

The Impact on Existing Association Rules

Many associations have guidelines regulating roofing materials or window styles, often prohibiting certain materials like metal roofs. With the new requirements of HB 293, these associations must revisit and revise their guidelines to align with the state's mandates. For instance, if an association currently prohibits metal roofs, it will need to reconcile this restriction with the new law that permits metal roofs as hurricane protection. 

The Need for Comprehensive Discussions

It is imperative for association boards and ARC committees to hold detailed discussions with management and the association attorneys. These conversations should focus on:

• Understanding the specific requirements of HB 293 and how they apply to their community.

• Reviewing and updating existing guidelines to incorporate the new hurricane protection specifications while maintaining the aesthetic consistency desired by the community.

• Developing clear guidelines that meet the new requirements and provide parcel owners with the information they need to comply with both the law and community standards.

Proactive engagement is crucial. By initiating these discussions now, associations can avoid the confusion and potential conflicts that can arise when a parcel owner submits an application under the new law. Early preparation will also ensure that boards and committees are ready to handle applications smoothly and consistently.

Starting these conversations now will help associations comply with HB 293 and ensure they are prepared to handle their community's evolving needs. By working together, management, boards, ARC committees, and attorneys can develop a cohesive strategy that protects the community, respects individual property rights, and maintains the standards that make their communities desirable places to live.

In conclusion, the passage of HB 293 represents a significant shift in how hurricane protection measures are managed within community associations. Prioritizing discussions with all relevant parties will help associations avoid future conflicts and ensure a smooth transition to the new regulatory environment.