At a glance
- Who
- Florida homeowners in a homeowners' association who want impact windows, doors or storm shutters
- What
- The HOA must adopt hurricane protection specifications and may not deny an application that conforms to them. It may set color and style.
- When
- Before you order products or sign a contract
- Where
- Your HOA board or architectural committee
- Why
- A conforming application cannot be denied, but one that ignores the specifications can
The short answer
An HOA cannot ban impact windows or storm shutters that meet its own adopted hurricane protection specifications. Florida Statutes section 720.3035, subsection (6), says the board or architectural committee must adopt those specifications and "may not deny an application" that conforms to them. You can read it at flsenate.gov.
The same subsection lets the HOA control some details. So the real question is whether your chosen product matches what your HOA has adopted. This page is a plain reading of the statute, not legal advice.
What the statute says
- It covers every HOA. Subsection (6) applies to all homeowners' associations in the state, no matter when the community was created.
- The HOA must adopt specifications. The board or architectural committee must adopt hurricane protection specifications for each structure or improvement on a parcel. They may include the color and style of the products and other relevant factors. They must comply with the applicable building code.
- It cannot deny a conforming application. An application to install, enhance or replace hurricane protection that conforms to the adopted specifications may not be denied. The board may require that the work follow an existing unified building scheme for outside appearance.
- The list is broad. "Hurricane protection" includes permanent fixed storm shutters, roll-down track storm shutters and impact-resistant windows and doors, among other products.
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What your HOA can still control
Reading the statute plainly, the HOA keeps a say over color and style, and over how the product fits the community's unified look. It does not get to say you cannot have hurricane protection at all. If your application does not conform to the specifications, it can be denied.
Two practical points follow. First, ask your HOA for its hurricane protection specifications in writing. If it has never adopted any, ask why, because the statute says it must. Second, choose frame colors and styles that match what is on file.
Not every association is a homeowners' association. If you live in a condo, the rules may be different. Ask your board which law applies to you.
How to apply with the best chance of a yes
- Get the HOA's hurricane protection specifications and application form.
- Pick a product type and finish that match them: color, style and frame.
- Submit product specs and a drawing or photo of where each opening is. We can provide specs and drawings for your application.
- Keep copies of what you sent and the date.
- If you get a denial, ask for it in writing with the rule and the part of your plan that did not conform. The general HOA statute requires that in a written denial. See our HOA approval guide.
The HOA's approval is separate from your building permit, which comes from the county or city. Our guide on window and door permits covers that side.
Insurance credits are separate
Many people install impact windows partly for an insurance credit. Credits are set by your insurer based on a wind mitigation inspection (form OIR-B1-1802). We never promise a percentage or a dollar saving. Ask your insurer what it would credit. Our impact window cost and insurance guide goes deeper, and the shutters versus impact windows page helps you choose.
Three situations and how the statute reads on each
- Your HOA has adopted specifications and your product matches. The HOA may not deny the application.
- Your product does not match the specifications, such as the wrong frame color. The statute only protects conforming applications, so the HOA can deny it. The fix is usually a different finish, not a fight.
- Your HOA has no specifications on file. The statute says the board or committee must adopt them. Ask for them in writing, and keep the request.
The board may also require that the work follow an existing unified building scheme for how the outside of the homes looks. So a style that clashes with the neighborhood is where most applications run into trouble.
What to put in your application
A clear package makes a quick decision easier. Include the product type (windows, doors or shutters), the frame color and style, a drawing or photo marking each opening, and the product specs. If the HOA's own specifications ask for something else, follow those. Write a cover note that says the application is for hurricane protection under section 720.3035(6) and ask for a written decision.
Keep your permit separate. The county or city issues the permit, and your contractor pulls it. We do the same for every job, as the process page shows.
What we could not confirm
We did not find any specific HOA's hurricane protection specifications for the communities we serve. Every HOA is different. Get yours from your board.
How Hildebrand handles impact window projects
Hildebrand Construction & Remodeling installs impact windows and doors in Manatee County, Sarasota County and south Hillsborough. We are a Florida licensed general contractor (CBC1257253). In an HOA, you file the application and we provide the specs and drawings.
We pull every required permit and meet Florida Building Code inspections, and our written workmanship warranty comes with manufacturer warranties passed through. The visit and written estimate are free, with no trip fee.
Questions homeowners ask
Can an HOA ban hurricane shutters in Florida?
Under section 720.3035(6), it may not deny an application for hurricane protection that conforms to its adopted specifications. It can set color and style in those specifications.
Do impact windows count as hurricane protection under the HOA law?
Yes. The statute lists impact-resistant windows and doors, permanent fixed storm shutters and roll-down track storm shutters as hurricane protection.
What if my HOA never adopted hurricane protection specifications?
The statute says the board or architectural committee must adopt them. Ask for them in writing. If you hit a wall, talk to a Florida attorney.
Does this apply to older communities?
Yes. Subsection (6) applies to all homeowners' associations in Florida regardless of when the community was created.
Ready to price impact windows?
Book a free in-home consultation and written estimate from a Florida licensed general contractor serving Manatee, Sarasota and south Hillsborough counties.