As one of the most hurricane-prone states in the U.S., Florida has established comprehensive laws to promote safety and resilience among its communities. Chapter 720 of the Florida Statute governs the regulation of homeowners’ associations (HOAs), including provisions related to hurricane preparedness and protection which can be found in Fla. Stat. §720.3035(6)(a). Adopting hurricane protection specifications is required by statute for all community associations and is critical for safeguarding property and ensuring safety of residents. This article explores the benefits of such specifications and the key requirements involved in their implementation.
The Benefits of Adopting Hurricane Protection Specifications
- Enhanced Safety for Residents and Property
Implementing standardized hurricane protection measures help minimize damage and reduce risks to residents during storms. Features such as impact-resistant windows, reinforced doors, reinforced garage doors, erosion controls, exterior fixed generators, and storm shutters can prevent dangerous debris from entering the premises and protect the inhabitants inside.
- Reduced Property Damage and Financial Liability
Proper protective measures significantly decrease damage to buildings and landscaping, leading to lower repair costs post-storm. This proactive approach can also reduce insurance claims and premiums, contributing to overall cost savings for property owners and associations. It can minimize the amount of debris that may come into contact with the HOAs clubhouse, gates, landscaping, and other common elements maintained by the HOAs and financed through its yearly budget and/or special assessments thereby lowering the cost to the HOA members.
- Compliance with Legal and Regulatory Standards
Adopting hurricane protection specifications ensures compliance with relevant laws, reducing the likelihood of legal disputes or liabilities resulting from inadequate storm preparedness. By publishing the hurricane protection specifications with a copy of the Architectural Control Application, it will remind owners and put them on notice of the application and approval requirements leading to increased compliance with community standards.
- Increased Property Value and Marketability
Implementing robust hurricane protection measures can make properties more attractive to prospective buyers and renters, especially in hurricane-prone areas like Florida. The HOA Board and/or Architectural Control Committee can ensure the uniformity and consistency in appearance and overall scheme of development by particularizing the color and materials used, so long as they meet the local code requirements. The development scheme and community maintenance standards assure a standard of care and appearance of the community. Additionally, properties equipped with approved hurricane mitigation features often benefit from high resale values and can be more competitive in the real estate market.
Key Requirements of Adopting Hurricane Protection Specification Under Florida Statute Chapter 720
- Establishment of Protective Regulations
HOAs must establish and adopt rules that specify the types of hurricane protection measures permitted or required within the community. Fla. Stat. §720.3035(6)(a). These rules should be designed in accordance with state and local building codes, ensuring that the measures are both effective and compliant. They should detail the appearance, color scheme, and materials permitted within the community.
- Member Involvement and Voting
The hurricane specifications should continue the scheme of development and safeguard the current appearance of the community. For instance, the specifications can require that the hurricane shutters be painted the same color as the home to avoid clashing. As an example, if the community has an approved neutral color pallet for homes, clashing hot-pink shutters would be prohibited. It is important that the specifications do not alter the appearance of the community, as changes in the community appearance generally require approval through member voting process outlined in the Declaration of Covenants and Restrictions and Fla. Stat. Ch. 720. Transparency and community involvement are emphasized to ensure that residents understand the benefits and obligations.
- Maintenance and Inspections
Associations are responsible for maintaining installed hurricane protection devices to ensure ongoing efficacy. Regular inspections and prompt repairs are vital to uphold safety standards in the property which it controls. However, the maintenance, repair and replacement of hurricane protections on the homes remain the responsibility of the homeowner, and the Association can require a certain level of appearance and maintenance of the hurricane protection equipment.
- Compliance with Local Building Codes
All hurricane protection measures adopted must comply with applicable local building codes, including those set by the Florida Building Code, which incorporates standards for impact-resistant windows and doors. Most, if not all, local governments require permits for the installation of hurricane protection such as impact-resistant windows and doors, this will further ensure that the homeowner properly installs the protections.
The Association should consult its legal counsel to guide the formal implementation process and to address any questions related to the procedures, documentation, or statutory obligations.
Author: Tara N. Mulrey, Esq.
Partner at Straley Otto Law specializing in Community Association Law