On April 24, 2024, Florida Governor Ron DeSantis signed House Bill 1029 into law, marking a pivotal moment in bolstering condominium resilience against hurricane damage. This significant milestone is important for Florida’s condominium owners’ associations to recognize in furtherance of efforts to protect Florida’s infrastructure.
House Bill 1029, also known as the My Safe Florida Condominium Pilot Program, aims to provide condominium associations with a mechanism similar to the My Safe Florida Home Program that was previously made available to single family homes. This initiative establishes the My Safe Florida Condominium Pilot Program, enabling eligible condominiums to apply for various grants to fortify their buildings and minimize the impact of hurricanes.
Who is eligible?
Condominium associations that meet specified criteria can apply for mitigation grants under the program.
What are the voting requirements for Condominium Associations?
Associations must obtain approval through a majority vote of the board of directors or a majority vote of the total voting interests of the association to apply for an inspection. After an inspection has been conducted and the association has been found eligible to receive funds under the Program, a second affirmative vote of a majority of the board of directors or of the total voting interests of the association and the unanimous vote of all unit owners within the structure or building subject to the grant is required prior to apply for a grant.
What information needs to be disclosed?
Prior to conducting the vote of unit owners, associations are required to provide clear disclosure of the program using a form that will be created by the Florida Department of Financial Services. The president and treasurer of the board of directors must sign the disclosure form, which will be kept as part of the association’s official records.
Do Condominium Associations need to provide notice?
Yes, condominium associations are required to provide written notice within 14 days of an affirmative vote to participate in the Program to all unit owners, in accordance with the statutory requirements of Section 718.112(2)(d), Florida Statutes.
How much can a Condominium Association apply for in grants?
The grant is capped at $175,000 per condominium association and can be utilized for various improvements, including opening protection, reinforcing roof-to-wall connections, enhancing roof-deck attachments, and implementing secondary water resistance for the roof.
Can individual units participate?
Mitigation grants are awarded to condominium associations collectively, and individual unit owners may not participate in the Program.
House Bill 1029 creates Section 215.5587, Florida Statutes, further solidifying its significance in the state’s efforts to bolster the tens of thousands of condominiums throughout the state. These legislative enhancements are anticipated to enhance community associations in safeguarding their properties and residents against natural disasters.
Varnum is closing monitoring other important pieces of legislation that may be signed by Governor DeSantis. Stay tuned for additional updates so your association can be prepared to comply with any new legal requirements for associations. Contact your Varnum Attorney if you have additional questions.