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How do we write the hurricane protection specifications our Florida HOA is required to adopt?

By OurHOA · General information · Revised

How a Florida HOA board writes and adopts the hurricane protection specifications 720.3035(6) requires: what to cover, sample wording, adoption steps and review.

Part of the HOA board handbook: running the board.

The short answer

Every Florida homeowners' association must have written hurricane protection specifications, and once it has them, the board or architectural committee cannot deny an owner's application that meets them. Section 720.3035(6) of the Florida Statutes says the board or committee "must adopt" specifications for each structure or improvement on a parcel, that they may cover color, style and any other factor the board considers relevant, and that they must comply with the building code. The rule applies to every HOA in the state, no matter when the community was created or what the declaration says. The statute sets no deadline for adoption, but a board without specifications has nothing to review an application against, and a refusal with no published standard behind it is hard to defend. Write them before hurricane season, not during it. This guide covers Florida HOAs under chapter 720. It is education, not legal advice, and your declaration, the local building department and the association's attorney all shape the final document.

Know what the law calls hurricane protection

The list in 720.3035(6)(c) is broader than most boards expect. It includes roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards, permanent fixed storm shutters, roll-down track shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators and fuel storage tanks. The list ends with "other hurricane protection products," so it is not closed. A specification that covers only shutters leaves the committee guessing when a request for a whole-house generator, a new roof or a propane tank arrives. Write a short section for each listed category, even if the section only says which product types are allowed and what color they must be. The law came from CS/HB 293 in the 2024 session, chapter 2024-205, effective May 28, 2024. Condominiums follow a parallel rule in section 718.113(5), with extra provisions about association-installed protection, so a mixed community with both an HOA and a condo should keep the two sets of specifications separate.

What the specifications can and cannot do

The board's control lies in appearance and installation, not in whether an owner may protect the house. Section 720.3035(6)(b) lets the board require owners to follow an existing unified building scheme for the external appearance of the structure, so matching colors, frame finishes and a consistent look from the street are fair game. Requiring a licensed contractor, a permit where the building department requires one, and products with a current Florida product approval or Miami-Dade notice of acceptance is also reasonable, because the specifications have to comply with the building code anyway. What the board cannot do is write a specification so narrow that no product on the market fits it, or one that quietly bans a listed category. Three other parts of 720.3035 limit the drafting. Subsection (1)(a) limits architectural authority to what the declaration states or reasonably implies and requires standards to be applied reasonably and equitably to all owners. Subsection (2) bars the association from restricting an owner's choice among options the documents already allow. Since July 1, 2026, subsection (1)(c) also bars requiring a government building permit before the committee will review an application, so the permit belongs in the approval conditions, not the intake checklist.

Draft the document category by category

Walk the community first and photograph what is already installed. Many communities already have a dominant shutter color and garage door style, and the specifications should match what is there rather than force a change. Then write one short section per category: Shutters and panels. List the allowed types (accordion, roll-down, colonial, Bahama, removable panels, fabric screens), the allowed colors by name or by a color sample kept on file, and whether housings for roll-down shutters must be painted to match the trim. Windows and doors. Allow impact-rated windows and doors of any listed type, and set frame color, grid pattern and glass tint to match the existing scheme. Garage doors. Allow reinforced or wind-rated doors in the colors and panel styles already approved for the community. Roofs. Allow any roof system recognized by the Florida Building Code that meets ASCE 7-22, and limit only color and visible material where the declaration gives the board that authority. Generators and fuel tanks. Set placement (side or rear yard where the lot allows), screening with landscaping or a fence, and the setback the manufacturer and local code require. Erosion controls. Name the drainage and slope rules that apply and require engineer-stamped drawings for anything that changes grade along a pond or canal.

Sample wording the board can adapt

Have the association's attorney review the final text, but a short core section might read: "These hurricane protection specifications are adopted under section 720.3035(6), Florida Statutes. Hurricane protection includes the products listed in that section and any other product used to protect a structure on a parcel from wind or water damage. Every product must comply with the Florida Building Code in effect when the work is permitted and must carry a current Florida product approval or Miami-Dade notice of acceptance. Permanently mounted shutters, tracks and housings must be white, almond or a color matching the home's approved trim. Removable panels may be installed no earlier than 72 hours before a forecast storm and must be removed within 14 days after it passes, unless the owner is out of the area, in which case the owner must arrange removal within 14 days of returning. The committee will approve any application that meets these specifications." The numbers in that sample (72 hours, 14 days, the colors) are placeholders. Pick ones that fit your community and your declaration. Tie the product requirement to the code in effect at permit time rather than a named edition. The Florida Building Commission has said the 9th Edition takes effect December 31, 2026, and a specification frozen to the 8th Edition will be out of date within months.

Adopt it properly

Follow the same process the declaration uses for any architectural standard. A typical sequence for a 60 to 120 home HOA: Week 1. The architectural committee or a board member writes the first draft from the walk-through photos and the categories above. Weeks 2 and 3. The attorney reviews the draft against the declaration and 720.3035. Ask specifically whether any existing rule, such as a ban on visible tanks, now conflicts with the statute. Week 4. Post the draft and give owners a comment period. If the documents are silent, 30 days gives owners and contractors time to respond. Ask contractors who work in the neighborhood whether the color and style limits match products they can actually buy. Week 8. The board adopts the final version by motion at a properly noticed meeting. A sample motion: "I move that the board adopt the hurricane protection specifications dated [date], as presented, effective [date], and direct the secretary to send a copy to every owner and post it with the association's architectural guidelines." After adoption, send the document to every owner, add it to the resale packet and post it wherever the other architectural standards live. Our guide on how to write HOA architectural guidelines covers the general drafting and adoption steps that apply here too.

Reviewing applications once the specifications exist

The committee's job now is to compare each application against the document and approve anything that conforms. Ask for the product name and approval number, a photo or spec sheet, the color, the installer and the location on the house. Do not ask for the building permit up front. Make the approval conditional on the owner getting any permit the building department requires and keeping a copy. If an application does not conform, the denial must be in writing and, under 720.3035(4)(a), must name the specific rule relied on and the specific part of the proposal that falls short. Tell the owner what would fix it. A denial that says only "not approved" invites a claim under 720.3035(4)(b), which allows damages and attorney fees when an association unreasonably, knowingly and willfully infringes an owner's rights. For how generators fit in, see our guide on reviewing an owner request to install a standby generator, and for the owner's side of shutter disputes, our guide on whether an HOA can restrict storm shutters or hurricane panels.

Mistakes boards make

Writing a shutter policy and calling it done, when the statute also covers roofs, garage doors, generators and fuel tanks. Naming one manufacturer, which can turn a color rule into a product ban. Requiring a permit before review, which the 2026 amendment prohibits. Freezing the document to one building code edition. Letting old rules stay on the books that conflict with the new specifications; repeal them in the same motion. Sitting on an application until the storm has passed. Chapter 720 sets no review deadline for this, but your declaration may, and a slow answer in August looks like a denial. Texas and Colorado have no matching hurricane statute. Texas Property Code 202.011 does protect wind and hail resistant shingles, so a Texas board writing roofing standards should read that section before limiting roof products. Review the Florida specifications every year before June 1, when hurricane season starts.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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