Homeowners’ Associations and Hurricane Protection Standards

Recent amendments to Florida law require homeowners’ associations to adopt specifications governing hurricane protection. While the statute imposes this obligation, it leaves significant discretion to associations regarding the content of those standards. Fla. Stat. § 720.3056(6) requires homeowners’ associations to adopt specifications for hurricane protection applicable to structures and improvements within the community. The statute does not prescribe a particular form or detailed content for these specifications, nor does it establish a specific deadline by which they must be adopted. Once adopted, however, the specifications must be published in the same location where the association normally publishes its official documents. In addition, the association must transmit the specifications to all parcel owners, either by email or by mail.

The operative statutory language appears in Florida Statutes § 720.3035(6), which provides in relevant part:

• The board of directors, or the association’s architectural or similar review committee, must adopt hurricane protection specifications for each structure or improvement located on a parcel governed by the association.
• The specifications may include color, style, and other aesthetic factors deemed relevant by the board.
• Any adopted specifications must comply with applicable building codes.

Importantly, once these specifications are adopted, the statute limits an association’s authority to deny certain applications. If a parcel owner proposes the installation, enhancement, or replacement of hurricane protection that conforms to the adopted specifications, the association may not deny the application. However, the association may still require adherence to a unified building scheme or architectural standards governing the community’s external appearance. Florida courts have repeatedly emphasized that statutes must be interpreted according to their plain language. For example, in Delta Air Lines, Inc. v. Luliano, 420 So.3d 508 (Fla. 4th DCA 2025), the court reiterated that statutory interpretation begins with the plain meaning of the text. 

Additionally, Committees have some discretion in making decisions on building restrictions. In Young v. Tortoise Island Homeowners Association, Inc., 511 So. 2d 381, 384 (Fla. 5th DCA 1987), the court addressed the scope of discretion held by an architectural review committee and held that an association may not rely solely on subjective aesthetic preferences when denying an owner’s proposed improvement. Id. Instead, owners must have notice of what is permissible through recorded restrictions or an established architectural scheme within the community. Id. Similarly, in Coral Gables Investments, Inc. v. Graham Companies, 528 So. 2d 989, 990 (Fla. 3d DCA 1988), the Third District Court of Appeal upheld an injunction requiring compliance with architectural approval requirements contained in restrictive covenants. The court recognized that when governing documents require prior architectural approval, those provisions can grant review committees broad discretion over exterior changes, including the materials used in construction. Id. 

Florida courts have also emphasized that restrictions must be enforced uniformly. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979), the Florida Supreme Court explained that associations may not arbitrarily or selectively enforce otherwise valid restrictions. Unequal enforcement can undermine the validity of the restriction itself. Applying this principle, the hurricane protection statutes appear to grant homeowners’ associations meaningful discretion in crafting their specifications, provided that those specifications comply with the building code and are applied uniformly.

One issue that frequently arises in common-interest communities involves metal roofing systems. Many Florida communities were developed decades ago, before metal roofs became widely used in residential construction. Today, however, metal roofing products are increasingly popular due to their durability and storm resistance. The statutes do not require an association to approve every type of hurricane-resistant roofing system. Instead, they require that the association adopt hurricane protection specifications and approve installations that conform to those standards. As a result, an association board may determine that certain roofing style such as standing seam metal roofs are inconsistent with the community’s architectural character. In such cases, the association may adopt specifications allowing hurricane-resistant roofing options that better align with the community’s existing appearance, while still complying with applicable building codes. Notably, the legislature did not include language requiring associations to allow the least expensive roofing option or any specific type of roofing material. The statute simply requires that hurricane protection options be addressed in the association’s specifications.

Because these statutory provisions are relatively new, further litigation and judicial interpretation are likely. Future cases may address the extent to which homeowners’ associations can regulate the appearance, materials, or cost of hurricane protection improvements. For now, a plain reading of the statute suggests that associations must adopt hurricane protection specifications but retain considerable discretion in defining the types and styles of hurricane protection permitted within their communities.