Can a Florida HOA block impact windows or shutters?

HOAs must publish specifications, and approve work that meets them

Section 720.3035(6) applies to every homeowners' association in Florida, regardless of when the community was created. The board or architectural committee must adopt hurricane protection specifications for each structure or other improvement on a parcel. The specifications may cover the color and style of products and other factors the board considers relevant, and they must comply with the applicable building code.

Whatever the association's governing documents say, the board or committee may not deny an application to install, enhance or replace hurricane protection that conforms to those specifications. It may require you to follow an existing unified building scheme for the outside appearance of your home.

The law defines hurricane protection broadly. It includes 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 products used to protect the home.

Other limits on HOA review

Under section 720.3035(1), an association can review and approve the location, size, type or appearance of an improvement only to the extent its declaration of covenants or authorized published guidelines say so or reasonably imply it. It may not require a building permit from the government before it will review your plans.

It also may not require approval of a central air-conditioning, heating or ventilating system that is not visible from the front of your parcel, a neighboring parcel, an adjacent common area or a community golf course, if the system is substantially similar to one the association has approved or recommended.

If the association denies a request, section 720.3035(4) requires written notice stating the specific rule or covenant it relied on and the specific part of your project that does not conform. An owner whose rights are unreasonably, knowingly and willfully infringed is entitled to recover damages, including costs and reasonable attorney fees.

Condominiums

Section 718.113(5) applies to all residential and mixed-use condominiums. The board must adopt hurricane protection specifications for each building, which may include color and style and must comply with the building code. Installing, maintaining, repairing or replacing hurricane protection under this subsection is not a material alteration or substantial addition to the common elements.

If your condominium documents require approval, the board may not refuse to approve a unit owner's installation or replacement of hurricane protection that conforms to its specifications, though it may require you to follow an existing unified building scheme for the building's appearance.

The board can also, with the approval of a majority of the voting interests (and subject to section 718.3026), install hurricane protection itself or require unit owners to install protection that meets or exceeds the building code. That vote must be recorded in a certificate that gives the date the protection must be installed. If protection that meets the current code is already in place, the board may not require the same type again unless it has reached the end of its useful life or it is necessary to prevent damage.

When hurricane protection, including exterior windows and doors, has to come off so the association can maintain or repair property it is responsible for, the unit owner is not responsible for the removal or reinstallation cost unless the declaration says otherwise. If the owner does that work, the association must reimburse the owner or credit the cost against future assessments.

Before you sign a window, door or shutter quote

Get your association's hurricane protection specifications before you get quotes, and give them to every contractor. Ask each quote to name products that match the specifications, including color, style and type, so the application and the order describe the same thing.

Ask the contractor whether it will prepare the association application and what documents it will include, such as product approvals. Because an association may not require a government building permit before it reviews your plans, you do not need the permit in hand to apply to the association. Do not pay for custom-made windows or shutters until the association has approved them, and make sure the quote still covers the permit and inspections.