Quick Answer
CS/HB 293 (chapter 2024-205, Laws of Florida) added subsection (6) to section 720.3035. Every Florida homeowners' association "regardless of when the community was created" must adopt hurricane protection specifications, and it may not deny an owner's application for hurricane protection that conforms to them. The act took effect on becoming law, after the Governor approved it on May 28, 2024.
The one thing boards most need to know: the statute requires the board or an architectural committee to adopt specifications that comply with the applicable building code. Once those exist, a conforming application cannot be denied, "notwithstanding any other provision in the governing documents."
At a Glance
| Item | Detail |
|---|---|
| Law and citation | CS/HB 293 (2024), "Hurricane Protections for Homeowners' Associations," chapter 2024-205, Laws of Florida; adds Fla. Stat. 720.3035(6) |
| Approved by Governor | May 28, 2024 (chapter number recorded May 29, 2024) |
| Effective date | "upon becoming a law" (section 2 of the act), so on approval |
| Applies to | Homeowners' associations under Chapter 720, "regardless of when the community was created." Not condominiums. |
| Key section | Fla. Stat. 720.3035(6)(a), (b) and (c) |
| Remedy or penalty | None stated in subsection (6). Section 720.3035(4)(b) separately gives an owner damages, costs and attorney fees if the association "unreasonably, knowingly, and willfully" infringes the owner's rights under the declaration or guidelines. Whether that applies to (6) is an open question. |
| Floor votes | House 115-0 (2/28/2024); Senate 32-0 (3/1/2024, substituted for CS/SB 600); House concurrence 108-0 (3/5/2024) |
What the Law Says
Paragraph (6)(a): adopt specifications
The statute states its purpose: "To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protection installed by parcel owners." It then says the subsection "applies to all homeowners' associations in the state, regardless of when the community was created."
- "The board or any architectural, construction improvement, or other such similar committee of an association must adopt hurricane protection specifications for each structure or other improvement on a parcel 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."
Paragraph (6)(b): no denial of conforming applications
"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."
Paragraph (6)(c): what counts as hurricane protection
The term "includes, but is not limited to":
- Roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards.
- Permanent fixed storm shutters and roll-down track storm shutters.
- Impact-resistant windows and doors.
- Polycarbonate panels.
- Reinforced garage doors.
- Erosion controls.
- Exterior fixed generators and fuel storage tanks.
- Other hurricane protection products used to preserve and protect the structures or improvements on a parcel.
What This Means in Practice
For boards and architectural committees
- Adopt written specifications. The statute says the board or committee "must adopt" them, and the adoption has no stated deadline in the text we read. Our reading: an association with no specifications has not met the requirement, and should adopt them promptly with counsel.
- Keep the specifications within the building code. The statute says so directly. It lists color, style and "any other factor deemed relevant by the board" as permitted content, so a specification can address appearance.
- Treat the "may not deny" sentence as a limit on the declaration. It overrides contrary governing documents, but only for applications that conform to the board's own specifications.
- Appearance consistency is still available: the board may require adherence to "an existing unified building scheme." The statute does not define that phrase. Open question.
- A building permit is separate. Since 2026, 720.3035(1)(c) bars requiring a building permit as a prerequisite to the association's review. See the related pages below.
For owners
- Ask the association for its current hurricane protection specifications. The statute makes them mandatory, but it does not say they must be posted or mailed.
- If your application conforms to the specifications, the board or committee may not deny it under (6)(b).
- If the application does not conform, the statute does not guarantee approval. The board may deny it on that basis, subject to the denial-notice rule in 720.3035(4)(a), which requires written notice stating "with specificity" the rule or covenant relied on.
What the law does not say
- It sets no penalty for an association that does not adopt specifications.
- It does not say how long the committee has to act on an application.
- It does not address condominiums. The act amended only section 720.3035.
- It does not say whether specifications must be recorded or filed.
Timeline
| Date | Event |
|---|---|
| 10/27/2023 | HB 293 filed |
| 2/28/2024 | Passed House 115-0 |
| 3/1/2024 | Passed Senate 32-0 as amended (substituted for CS/SB 600) |
| 3/5/2024 | House concurred in the Senate amendment, 108-0 |
| 5/28/2024 | Approved by the Governor; act effective on becoming law |
| 5/29/2024 | Chapter 2024-205 recorded |
| Later | Section 720.3035 amended again by chapter 2024-221, section 5, and chapter 2026-63, section 11 (History line) |
Related Florida Law
- Architectural control (720.3035)
- HB 803 (2026) building permit and architectural review
- HB 1203 (2024) HOA reform
- HB 1021 (2024) condominium reform
- Homeowners' Association Act (Chapter 720)
- Florida HOA laws complete guide
Board Checklist
- Find out whether the board or architectural committee has formally adopted hurricane protection specifications.
- If not, draft specifications that comply with the applicable building code, with counsel review.
- Cover the product types in 720.3035(6)(c), including roofs, shutters, windows, doors, generators and fuel storage if your community will allow them.
- Limit color and style rules to what the statute allows and tie any appearance rule to an existing unified building scheme.
- Update the application form and guidelines so a conforming application is approved.
- If you deny an application, send written notice citing the specific rule and the part of the improvement that does not conform, per 720.3035(4)(a).
- Remove any requirement for a building permit before architectural review (720.3035(1)(c), effective July 1, 2026).
- Give owners a copy of the specifications.
Frequently Asked Questions
When did Florida HB 293 take effect?
Upon becoming a law. The Governor approved it on May 28, 2024, and it became chapter 2024-205.
Which HOAs does it cover?
All homeowners' associations in Florida, "regardless of when the community was created." It sits in Chapter 720, so it does not govern condominium associations.
Must an HOA adopt hurricane protection specifications?
Yes. The board or an architectural committee "must adopt hurricane protection specifications for each structure or other improvement on a parcel governed by the association."
Can an HOA deny hurricane shutters or impact windows?
Not if the application conforms to the specifications the board or committee adopted. The statute says it "may not deny" such an application "notwithstanding any other provision in the governing documents."
Can the HOA control how the protection looks?
Partly. Specifications may include color and style, and the board may require adherence to an existing unified building scheme regarding external appearance.
Do generators count as hurricane protection?
The statute lists "exterior fixed generators, fuel storage tanks" among the examples.
What is the penalty for not adopting specifications?
The statute states none in subsection (6). Whether the owner remedy in 720.3035(4)(b) applies is an open question for counsel.
Where This Comes From
We read the enrolled text of CS/HB 293 (Engrossed 1), the Florida Senate bill page with its history and votes, and the current 2026 text and History line of section 720.3035 on Online Sunshine. The official bill page is flsenate.gov/Session/Bill/2024/293. We did not read the House or Senate analyses.
How APM Helps
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.
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