legal matters
Compliance Promotes Protection:
Legislative Updates Concerning Hurricane Protection for Condominiums and Homeowners’ Associations
By: Kathleen Walz, Esq. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P. A.
Email: kwalz @ icardmerrill. com Phone: 941 / 366-8100
As hurricane season has become more unpredictable and destructive throughout Florida, and as hurricane recovery costs and insurance premiums steadily rise – How do the people of Florida protect themselves and their communities and how do Community Associations play a role? One of the benefits of Community Associations is the uniformity of appearance throughout the community; however, hurricane protection may interfere with this uniformity if there are no standards. In response to this dilemma and to encourage hurricane protection, the Florida legislative branch has responded by updating both Florida Statutes Chapter 718, the Condominium Act, and Florida Statutes Chapter 720, the Homeowners’ Association Act. These laws provide different requirements and rights depending on the type of Association.
Homeowners’ Associations are required to adopt hurricane protection specifications pursuant to Florida Statutes Section 720.3035( 6)( a). Simultaneously, under Florida Statutes Section 720.3035( 6)( b) the Association is not permitted to deny an application to install hurricane protection which meets the specifications as adopted by the Association. This requirement both promotes uniformity throughout the community, while also minimizing a barrier of obtaining hurricane protection for owners. Adoption of these hurricane protection specifications not only ensures compliance but also gives owners direction as to what is permitted. Adoption of the required specifications should also simplify the approval process implemented by the Association. Further, adoption of specifications will give clearer guidance on the standards expected within the community. Further, adoption of these specifications may limit challenges to any of the Association’ s denials for installation when the proposed hurricane protection is not in conformity with the overall design and style of the community. Florida Statutes Section 720.3035( 6)( b) permits specifications which address:( 1) color;( 2) style of hurricane products; and( 3) any other factor the Board of Directors deems relevant.
The scheme set forth in Florida Statutes Chapter 718 is more comprehensive. This is likely due to the typical Condominium arrangement, where there is at least one building shared by multiple Unit Owners. Florida Statutes Section 718.113( 5) has been updated to encourage the installation of hurricane protection both by Unit Owners and the Association. Similar to Homeowners’ Associations, Condominium Associations also must adopt hurricane protection specifications, and the Board of Directors may consider the same factors as Homeowners’ Associations. Again, mirroring Chapter 720, under Florida Statutes Section 718.113( 5)( c) the Board of Directors may not deny the
8 community • June 2026 WWW. CAIWESTFlORIDA. ORg