Homeowners Association FAQs

General questions, detailed answers, and relevant sources.

Do you Assist on the Homeowner Association Approval?

Homeowners Association

Yes, we take care of the paperwork process at no cost.

Hurricane Protection Solutions & Blinds, LLC Compromises to follow the necessary rules for installation so that your project installation matches your property visual needs and appeal with your community's appearance regardless of HOA jurisdiction, for the best match possible.

Since it is our responsibility to ensure all the documentation is ready to proceed with the installation, so that we do not have delays due to documentation issues, we will bring you the paperwork to submit along your ARC form or letter.

All you do is:
- Wait for the submission package, as we fill and attach the documents for you.
  - Some HOAs demand homeowners to submit everything directly, in which case we will prepare the document package physically for you, in order to submit in person.
- Clear the HOA fees.
  - Most associations do not charge fees for ARC review.
  - However, in some homeowner associations, processing fees may vary for review, expedition, and reapplications.

Have the following information into account:

It is against the law for HOAs or any other private jurisdiction to nullify the installation of any type of approved and registered Hurricane Protection Product to homeowners.
All homeowners have the right to protect or not to protect their properties, and can not be enforced to get protected or not to get protected for hurricanes, but all installations must comply under safety regulations and the product being used must be registered in Florida DBPR for hurricane protection.
It is against Florida law for HOAs or any other private jurisdiction to enforce one product over another to homeowners, and must have reasonable aesthetic specifications for each product. Such installation cannot be denied, just approved with certain aesthetic conditions related to the product, such as color selection.
HOAs can only specify how products should look once installed and perform their own inspections for minimum requirements, and not being burdensome.
All hurricane proof products must comply for Hurricane Protection, in or out HVHZ, and must be Florida DBPR registered.
Laws that strength your right to install any type of hurricane protection include, but are not limited to:
SB 4-D (2022), CS/HB 293 (2024), Fl Statute 553.73(1)(a) (2018), and Fl Statute 718.113(5)(d) (2024).

A homeowner's association (HOA) is an organization in a subdivision, planned community, condominium building, or similar that makes and enforces rules for the properties and their residents.
Those who own/purchase any property within an HOA's jurisdiction automatically become members and are required to pay member dues and fees.
Some associations can be very restrictive about what members can do with their properties exterior view, being this the reason these kinds of organizations ask for authorization permits.
- Some homeowner associations will demand to issue a building permit apart for big projects, normally stated on the letter/notification approval. But you can always ask before to expedite other necessary processes.
To request the Homeowner Association approval, the owner must sign the structural modification form (ARC Form), which differs depending on the association, as well as any documents that the association may need and/or request.
- We will attach all the required and requested documents in order for completing this process, the documents include:
  - The owners' signed and filled form.
  - A sketch, detailing the project.
  - A color form, where discusses the colors of the product being used and pictures of the product color and functionality.
  - The Notice of Acceptance, NOA, a paperwork package where states the engineered products are registered for installation along Florida, the installation instructions, and the functionality of it, including the engineered plans of the product, and wind category resistance.
    - All our product updated NOAs, are found scrolling down to the website footer on the product brands.
We will request any documents and signatures from the owner(s) if the association requests them.
The time to finish this process depends on the speed at which the association process all the documents that are required for the product(s) approval, likely on the next association meeting, which schedules vary.
By law, they have up to 30 days to bring a response letter.

When to consider a building permit or HOA approval?

As part of our service, we bring our customers a free document package, backing up the security and functionality of our products, and installation, which the user can use for insurance reductions and other purposes.

You must consider building permitting for commercial, high building installations, and full residential covering under a homeowners' association residence, for the installation of a large amount of units, and installations over the second floor.

Homeowners' Associations:

You must always ask for permitting approval to the HOA for visible changes in front of the property, and structural changes in the exterior of the property to avoid the risk of breaking the HOAs jurisdiction., and most important that you comply with product specifications, as most HOAs attach to.

Building permitting:

Storm Panels do not require building permitting.
For single and small units, there is no need for a building permit.
For single bigger standard units at the front of the property, you do not need a building permit.
For Terrace Closeups, you will only need building permitting, if there is need of using concrete in a long distance, to create a floor so that the units can be attached to the wall.
For big projects, you would rather get a building permit if the HOA demands it (Projects Over $5000.00).
- Insurance will only need the Notice of Acceptance, which certifies the product, and pictures of the products, and the manufacturing stickers on the products,

Can my HOA Deny My Right to a Registered Hurricane Protection Product?

No. However, permits for hurricane protection may be delayed up to a 30 days, held until compliant demands are fulfilled, asking for resubmission review to meet installation standards proposed by each product, or be partially denied along the process, but never denied on its totality under invalid reasoning and with no concrete proofs leaving homeowners unprotected or limited to certain products over safety.

Denying an application for the installation of compliant hurricane shutters approved by the FL DBPR possess several risks for a Homeowners' Associations (HOA). Primarily, it exposes the HOA to multiple legal challenges and loss of reputation, due to several precedent cases, such as Slater v. Palm Beach Towers Condominium Association, Inc. (1995), which as been reinforced over time, as homeowners have the right under Florida Statutes SB 4-D (2022), CS/HB 293 (2024), Statute 553.73(1)(a) (2018), and Statute 718.113(5)(d) (2024), to install any kind of hurricane protection that meets the Florida DBPR building code. Unreasonable total denial or expel of these kinds of products is seen as an immediate violation of these laws, leading to costly litigation and secured penalties. Additionally, by preventing homeowners from installing necessary protection or updating to a superior hurricane protection that fits their budget, the HOA can be held liable for any damages or injuries sustained during a storm due to the denial of compliant protection and security that is provided by law to homeowners, leading to a strong lack of reputation to this private institutions. This not only undermines the safety and well-being of residents, but also risks reputational damage to the HOA, exposing burdensome institutions to become liable to cover cost on all damages after a hurricane disaster, as openings containing non impact glass and due FBC procedures, non-covered areas with access to a ceiling, and non impact resistant doors at least to 3rd category winds, are the most vulnerable to suffer breakdown of wind weight pressures during a disaster of these magnitudes, compromising the overall property structure.

If your hurricane shutters project was denied, there may be a few valid reasons, which must be clearly specified on the denial for resubmission. You, as a homeowner, must comply with the following specifications to proceed with installation once approved:

Your HOA simply requested more details on your project, stated on the denial to reapply or amend, for clarification on resubmission, or reapplication, as they must have, by law, record of everything being processed to meet certain credible standards.
Your HOA main form had filling issues and needs resubmission. Maybe you missed some important details.
Your HOA states to resubmit with specific stated information, or documents, not previously included, but necessary to ensure compliance to Florida DBPR.
Your HOA demands other option of the available colors for your product and needs resubmission.
- You may negotiate for other colors available, but most colors must match or harmonize to accent tone, opening frame color, or sometimes, blend to wall color.
- We offer the optional mix of these colors for framing and unit blades separately to maximize matching precision and bring the best output possible.
Your HOA may not be well-informed on the type of product you submitted for approval, even despite evidence presented, they may need visual information on functioning, and deployment, to bring alternative aesthetic options for installation and final product of the type the homeowner is applying for, without interfering with the mechanism of the shutters to install.
- Have into account, the ARC department does not approve or denies applications directly, this is a decision taken from the board only. ARC Departments only reviews for compliance in documentation to share the board for approval.
- Your HOA did not get a complete package of the documents expressed in the submission form, or may not be labeled as they suggested for record purposes, regardless of evident documentation.
- The submitted documents may be incomplete or not sufficiently explanatory (visually or written).
- They may not be familiar with the law and need an internal update of law compliant rules to CS/HB 293 (2024).
  - Proceed to share, through your selected company, the paperwork for all products and let your company share their credentials, to secure trust.
  - Submit again your paperwork once your HOA, as your selected company credentials to secure trust of installation with the regulations they suggest for each product.
Your HOA have not clearly understood how does the product units work regardless of the attached documents such as clear images and Florida Building Code plans (NOA), try to clarify this personally, not by call. Do not resubmit yet., as it can take up to 30 days by law. Submit once the submission is clear for them.
- The goal is to make a final inspection to be approved and certified for the intended use, hurricane protection, and install within hurricane season.
If the problem persists, resubmit with more visual and written evidence regarding color and functionality, be as visual and explanatory as possible.
Do not hesitate to find legal assistance, remember you are protected by Florida precedents, several laws stating your rights over private rules, and your security over aesthetics and bias is always the most important. Burdensome HOA are not prepared for his kind of dispute.
- Repercussions for HOAs:
  When HOAs unreasonably deny homeowners the right to install approved hurricane protection, they risk legal challenges that can result in:
  - Arbitration or Court Orders: Mandating the approval of the requested installations.
  - Legal Costs: Associations may be required to cover legal fees and related expenses.
  - Reputational Damage: Such disputes can harm the association's relationship with residents and affect community cohesion.

Unreasonable denial of an application for installing hurricane shutters or other protective measures includes but is not limited to:

Prohibiting Approved Devices: Denying the installation of hurricane protection devices that comply with the Florida Building Code (FBC) and are explicitly allowed by Florida Statute 720.304(4) and CS/HB 293 (2024).
Disproportionate Aesthetic Concerns: Rejecting the application based solely on aesthetic grounds without considering the safety benefits and without offering reasonable design alternatives.
Mandating Unaffordable Alternatives: Requiring homeowners to install significantly more expensive alternatives, such as impact windows over accordion shutters, for example, without considering the homeowner's budget constraints.
Mandating Inferior Products Over Superior Alternatives: Requiring homeowners to install significantly inferior products, such as Storm Panel types over Accordion Shutters, for example, without considering the benefits and functionality of the new desired product and overall safety and functionality during deployment.
Excessive Permitting Requirements: Imposing unnecessary and overly burdensome permit requirements or procedural hurdles that are not aligned with local building regulations or that go beyond what is necessary for ensuring safety and compliance, on the issuance of a common HOA permit approval process.
Failure to Provide Reasonable Resubmissions: Denying the application without providing clear, reasonable alternatives that meet both the HOA’s aesthetic standards and the homeowner’s safety needs.
Ignoring Safety and Practicality: Overlooking the practical benefits and safety features of the proposed hurricane protection measures, such as the ease of use, lower maintenance, and enhanced safety of the desired product compared to other inferior options.
Non-Compliance with State Law: Enforcing HOA rules that conflict with state laws, such as Florida Statute 720.304(4) and HB 293, which protect homeowners' rights to install compliant hurricane protection devices.
Discrimination or Inconsistency: Applying rules inconsistently or discriminatory, such as allowing some homeowners or areas to install certain types of shutters while denying others.

By law, HOAs are enforced to meet these standards, and overlook for the homeowner's security over aesthetic bias.

Now days, HOAs can better balance aesthetic concerns with the safety and rights of homeowners working along contractors and companies, such as update clear standards for installation with informed product functionality and possible FBC compliant installation procedures, as available colors for board matching decisions to opening frames, accent, or wall color, involving space coverage or encasement opening areas for each different type of product and each different type of house/property or property structure.

"In truth, a flawless and stunning finish for every product is not just possible—it’s guaranteed when HOAs and contractors unite as one team, working in harmony toward excellence." – Jose Milanes, Joe Luis Interiors, 2017.

Hurricane Protection Solutions & Blinds LLC, warranties a compliant finish in the aesthetic of installations for the best matching and appearance to maintain the aesthetic of the customer's neighborhood from the installation of all product units and all our distributed and manufacturing products. All our installers and general contractors are experienced and must comply with our standards for installation to meet aesthetic standards. All our products and installations comply with the U.S. and Florida State Law, Florida Building Code, and are approved by the Florida Department of Business and Professional Regulations.

Please find the credentials of our products, scrolling down the website, clicking to the product brands for more information.

What to do if my HOA is overly burdensome or acting outside its authority?

If a homeowner finds their homeowners' association (HOA) to be overly burdensome or acting outside its authority, or presenting no compliant changes under the FBC and Florida Law regulations, there are the steps owners can take to escalate, report, and address these issues, or even get compensated for any hurricane related damages:

It is unlawful to prevent homeowners to get hurricane protected.

HOAs can only have rules to adapt such products to their standards and cannot prioritize over the security of the homeowners, which most companies and individual installers will be more than welcome to follow and fix to meet standards if necessary.

If you applied and your HOA is denying your application with an undefined cause within a written response, follow next steps.

Review the HOA Rules and the Florida Statutes, and compare.
- Florida has laws to protect homeowners in cases where safety is a concern, including hurricane protection. In particular, CS/HB 293 (2024) addresses restrictions imposed by HOAs on hurricane shutters or other storm protection devices registered upon the DBPR.
- Other laws include, but are not limited to:
  Florida Statutes SB 4-D (2022), Statute 553.73(1)(a) (2018), and Statute 718.113(5)(d) (2024).
- According to Florida law, an HOA may not prohibit the installation of hurricane shutters. However, the HOA may impose reasonable aesthetic guidelines (such as color) as long as they do not prevent the installation of shutters for safety reasons. The shutters must be made from DBPR-registered products for compliance.
- Most companies will be more than glad to follow these requests.
- All our hurricane protection products are DBPR registered and up to date.
Try a second submission but better, and save their response in case of denial.
- Do it as the following samples and drafts: We do this for our customers for free.
  - Attach: A Detailed Sketch, A Color and Function Summary, A Property Appraiser, and the whole NOA Package and Documents of the products you will install.
Internal HOA Procedures:
- HOA Board: Start by addressing the issue directly with the HOA board. Often, HOAs have a formal complaint process outlined in their governing documents (CC&Rs, bylaws, rules and regulations).
- Annual/Monthly Meetings: Raise the issue at the HOA’s annual or regular meetings, where other homeowners and board members are present.
State or Local Agencies:
- State Department of Consumer Affairs: Some states have a department or office that oversees homeowner associations and can take complaints. For example, in Florida, you can contact the Department of Business and Professional Regulation (DBPR), https://www.myfloridalicense.com/datamart/complaintDBPR.do.
- Local Government: Sometimes local governments have offices or departments that handle disputes related to HOAs. Such as cities, or counties offices (Where your tax district is referred to).
Legal Action:
- Hire an Attorney: If the issue is severe and other steps have not resolved it, consulting with a lawyer who specializes in HOA law may be necessary. They can help you understand your rights and represent you in legal proceedings if needed, as well as to claim damages if you suffered from a disaster, and they failed on approval.
Homeowners’ Advocacy Groups:
- Non-Profit Organizations: There are various organizations that advocate for homeowners' rights and can offer advice, resources, and sometimes intervention in disputes with HOAs.

For specific steps and resources in Florida, you might consider reaching out to the Florida Department of Business and Professional Regulation (DBPR) or a local consumer protection office.

https://www2.myfloridalicense.com/file-a-complaint/

Best Business Bureau, file a complaint:

https://www.bbb.org/file-a-complaint/search

They will contact your HOA. Attach as much evidence as you can, including law citations.

What are the Homeowner's Rights for Hurricane Protection and the HOA Regulations Under the Law?

Overview:

Homeowners in Florida have the right to install hurricane protection measures such as shutters and impact windows that comply with applicable building codes. This document provides an overview of relevant Florida statutes, the interplay between state law and HOA regulations, and practical considerations for selecting and installing hurricane protection, with a focus on budget considerations.

Florida Law on Hurricane Protection

Florida Statute 718.113(5):

Grants homeowners the right to install hurricane shutters, impact windows, or other hurricane protection that complies with building codes.
Allows homeowners' associations (HOAs) to regulate the specifications for these installations (e.g., style, color, design), but not to prohibit them outright or mandate a specific type over another compliant option.

Florida Statute 553.73(1)(a):

Establishes the Florida Building Code, which sets forth uniform building standards to ensure the safety and welfare of the public. Hurricane protection measures must comply with these standards.

Florida Statute 627.0629(1):

Requires insurers to offer premium discounts for properties that will install approved hurricane protection devices. This incentivizes homeowners to upgrade their properties with compliant protective measures.

House Bill 293, Hurricane Protections for Homeowners' Associations:

This bill emphasizes that homeowners' associations cannot unreasonably restrict or prohibit the installation of compliant hurricane protection devices. It reinforces that aesthetic guidelines can be imposed, but must be reasonable and not overly burdensome.
Key Point: Any HOA rule that attempts to prohibit or unreasonably restrict compliant hurricane protection measures would be invalid, as state law takes precedence over HOA regulations.

Key Points:

Statutory Rights: Homeowners have the right to install compliant hurricane protection. Any HOA rule attempting to prohibit or restrict these rights would be invalid. (HB 293).
Regulatory Authority: While the HOA can regulate aesthetics and installation methods, it cannot prohibit compliant options or force homeowners to choose a specific type over another. (Florida Statute 718.113(5)).
Supremacy of State Law: State law takes precedence over HOA rules, ensuring that statutory rights cannot be overridden by private regulations. (Florida Statute 718.113(5), HB 293).

Practical and Safety Considerations

Accordion Shutters & Roll-Down Shutters:

Ease of Use: Permanently installed and operable from inside the home, reducing the risk of injury compared to installing heavy panels from the outside.
Low Maintenance: Requires minimal upkeep, typically periodic lubrication, compared to alternatives like aluminum panels that need handling, storage, and reinstallation.
Aesthetic Integration: Can blend with the home’s design, maintaining visual appeal.

Aluminum Panels:

Installation Difficulty: Panels can be heavy and difficult to install, especially on upper floors, posing safety risks for reinstallation by owners.
Maintenance and Storage: Require handling and storage between storms, increasing wear and tear.
Aesthetic Impact: Can be visually intrusive when deployed.

Inclusivity and Practicality:

Accordion shutters are practical for all residents, including those with physical limitations, and roll-down shutters can be set up manually or motorized with the house electricity (solar panel options now available), providing a safer and more flexible option.

Budget Considerations

Homeowners may face budget constraints when selecting hurricane protection measures. It's important for homeowners' associations (HOAs) to consider these financial limitations and allow flexibility in choosing affordable options that still comply with building codes and aesthetic guidelines.

Affordability:

Homeowners should have the flexibility to choose hurricane protection that fits their budget. For example, accordion shutters are significantly cheaper than impact windows but offer the same level of protection during hurricanes. HOAs cannot mandate the installation of expensive options like impact windows when more affordable alternatives like accordion shutters are available and compliant with building codes.

Financing Options:

Loans and Payment Plans:
Many companies offer loans or payment plans specifically for home improvement projects, including the installation of hurricane shutters and other protection devices. This allows homeowners to spread out the cost over time, making it more manageable for those with limited budgets. Homeowners can explore various financing options to find one that best fits their financial situation. Importantly, HOAs cannot compel homeowners to undertake these financing measures, as doing so would be considered burdensome and unreasonable.
Government Programs:
There may be local, state, or federal programs that provide financial assistance or incentives for installing hurricane protection. These programs can significantly reduce out-of-pocket expenses for homeowners. Homeowners should investigate available programs to take advantage of financial support that makes hurricane protection more affordable. Again, HOAs cannot force homeowners to apply for or rely on such programs, as this would impose undue financial pressure.

Insurance Premium Discounts:

Florida Statute 627.0629(1): This statute requires insurance companies to offer premium discounts for homes equipped with approved hurricane protection devices. Installing such devices not only enhances safety, but also results in long-term savings on insurance premiums.

By considering these budgetary constraints, HOAs can create fair guidelines that allow homeowners to protect their homes without imposing financial hardship.

Requesting Approval for Installation

To proceed with the installation of hurricane shutters, homeowners should:

Comply with the community's architectural guidelines, such as color and aesthetic.
Obtain and complete the architectural modification form from the HOA.
Ensure that the proposed installation complies with all relevant building codes and aesthetic guidelines set forth by the HOA. (Florida Statute 553.73(1)(a))
Submit the form along with any stated required documentation to the HOA portal, email, or physical for approval.

Conclusion:

Homeowners in Florida are legally entitled to install hurricane protection measures that meet building codes, while HOAs can only regulate the aesthetics and installation standards with external permits. Practical considerations such as ease of use, maintenance, set-up safety, the proof of maintenance of the aesthetic, and budget constraints should always guide the choice of compliant hurricane protection products.

Can I choose the color/design I want for my product?

It depends on the owners' rights over the property:

If you are not in an organization that requires HOA, it is the customer who will choose the available colors the company has on hand.
If you own a property within an HOA organization, it depends on their permission and the area where your establishment is located.
In an HOA, apart from the color, the design is normally selected by the owner and not the organization.

Under Maintenance