Proposed Florida Bill Seeks to Add Hurricane Protection for Condominium Associations

A bill filed in Florida aims to add uniformity and consistency to hurricane protections installed by condominium associations and unit owners. Authored by Rep. Kaylee Tuck (R), the bill (HB 395: Hurricane Protection for Condominium Associations) was pre-filed in the Florida House of Representatives on Jan. 23, 2023.

The bill defines hurricane protection as “hurricane shutters, impact glass, code-compliant windows or doors, and other code-compliant hurricane protection products used to preserve and protect the condominium property or association property.”

A bill filed in Florida aims to add uniformity and consistency to hurricane protections installed by condominium associations and unit owners.

If enacted, the bill would require certificates attesting to unit owners’ votes for hurricane protection, advise when the installation of hurricane protection is a common expense, and authorize expenses to be charged to unit owners, which would then become assessments. It would also require unit owners to be excused from assessments or to receive credits for installed hurricane protection, providing an amount of credit.

Florida is home to some of the most rigorous hurricane building codes in the country. The Florida Building Code (FBC) requires that new construction be able to withstand hurricane-force winds and feature shutters or impact glass in all openings.

The FBC also outlines areas in the state more prone to severe weather and hurricanes, termed high-velocity hurricane zones (HVHZ). Out of the 67 counties in Florida, only two (Broward and Miami-Dade) reside in an HVHZ. Within that area, the FBC requires residents to have HVHZ products that can withstand the most severe weather installed in their homes. This includes windows, doors and roofs, among others.

The FBC is updated every three years. The last revision took effect on Jan. 1, 2021.

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