HOA Architectural Review Committee Rules Update

It is the responsibility of the Architectural Review Committee (ARC) within homeowner associations to establish regulations that preserve the visual appeal and value of properties within homeowners' associations. Nonetheless, these regulations often result in disputes between the association and homeowners. In response to these issues, the Florida legislature in 2024 enacted several bills, including House Bill 1203 and HB 293, which significantly impact architectural standards and review processes for homeowners' associations' architectural review committees. -Section 720.3035 of the Florida Statutes: Going forward, detailed architectural standards are required to minimize disputes. Restrictions on interior changes not visible from designated areas are prohibited. Additionally, denial of architectural modification requests must be accompanied by specific reasons stated in the association's policies and guidelines. -HB 293: This new law mandates that all homeowners' associations adopt hurricane protection specifications. The scope of these "hurricane protection" requirements includes roof systems, storm shutters, and impact-resistant windows and doors. Associations cannot deny applications that conform to the specified hurricane protection criteria. -Section 720.3045 of the Homeowners' Association Act: Modifications have been made to reduce the authority of associations over the installation and storage of items while expanding limitations on visible backyard storage items. The areas where restrictions were limited include artificial turf, boats, trucks, flags, clotheslines, and vegetable gardens if not visible from designated areas. The recent legislative changes necessitate a careful review and potential adjustment of architectural guidelines and policies within homeowners' associations. Architectural Review Committees are advised to collaborate with legal counsel to ensure compliance with the new laws and to develop code-compliant hurricane specifications to maintain uniformity while allowing property owners to protect their assets.