2024 HOA Legislative Update: Summary of HB 59 and HB 293

May 28, 2024, was a big day for homeowners’ associations across the Sunshine State. Governor Ron DeSantis signed two bills that create new requirements in Chapter 720, Florida Statutes, also known as the Homeowners’ Association Act. While there are other proposed and signed bills from the most recent legislative session that affect community associations, below is a brief summary of recently passed House Bill 59 (regarding disclosure of HOA rules and covenants) and House Bill 293 (allowing HOAs to implement hurricane protection rules).

House Bill 59 (HB 59) – Providing Copies of HOA Rules and Covenants. HB 59 takes effect on July 1, 2024. The bill adds a subsection to Section 720.303, Florida Statutes, which governs an HOA’s general powers and duties. Starting July 1, 2024, HOAs must begin providing copies of the association’s rules and covenants to current and new members. Specifically, HB 59 requires that HOAs provide:

• A physical or digital copy of the HOA’s rules and covenants to every member of the HOA before October 1, 2024.
• A physical or digital copy of the HOA’s rules and covenants to every new member of the HOA.
• An updated copy of the amended rules or covenants, when the HOA’s rules or covenants are amended, to every member of the Association.

Rules on Distribution and Timeframe. HB 59 also permits an HOA to adopt rules establishing the manner of distribution and timeframe for providing copies of updated rules/covenants.

Uploading Copies on Association’s Website. The requirements to provide copies of the above to current and new members can be met by posting a complete copy of the rules and covenants, or a direct link thereto, on the homepage of the HOAs’ website if: (i) the website is accessible to the association’s members and (ii) the HOA sends notice to the members of its intention to utilize the website for this purpose. The notice of intent to use the website can be sent to a member via email if the member has an email address on file and has consented to receive notices via electronic transmission. If not, the HOA must send the notice using the member’s mailing address in the official records of the association.

House Bill 293 (HB 293) – Hurricane Protections for HOAs. HB 293 states that it is effective upon becoming law, which means that HB 293 went into effect on May 28, 2024, when signed by the Governor. Essentially, HB 293 creates a new subsection to Section 720.3035, Florida Statutes, which governs control of architectural, construction improvement, or other similar committees (“ARCs”) of an association. The bill now requires an HOA or its ARC to adopt hurricane protection specifications for each structure or other improvement on a parcel that is governed by the HOA. These specifications may include the color and style of hurricane protection products and “any other factor deemed relevant by the board.” The specifications must also comply with applicable buildings codes. Importantly, the new law applies to all HOAs in Florida, regardless of when they were created.

Applications to Install, Enhance, or Replace Hurricane Protection. HB 293 further states that, regardless of any contrary provisions in the HOA’s governing documents, the HOA or ARC cannot deny an application for the installation, enhancement, or replacement of hurricane protection by a parcel owner, if the application conforms to the specifications adopted by the HOA or ARC. In addition, the HOA or ARC can 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.

Scope of “Hurricane Protection”. The Bill specifies that “hurricane protection” includes, but is not limited to, the following items:

• Roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards;
• Permanent fixed storm shutters;
• Roll-down track storm shutters;
• Impact-resistant windows and doors;
• Polycarbonate panels;
• Reinforced garage doors;
• Erosion controls;
• Exterior fixed generators;
• Fuel storage tanks; and,
• Other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the HOA.