Good Afternoon: Below is the
response regarding metal roofs.
ISSUE:
The Board of Directors (“Mansions Board”) has been
approached by residents [owners] regarding the approval of metal roofs.
The Mansions Board has requested that the law firm issue an opinion limited to
whether metal roofs must be approved based upon the current statutory revisions
to Chapter 720, Florida Statutes, a review of the Mansions at Forest Lakes
Homeowner Association, Inc.’s (“Mansions”) governing documents and a review of
the Forest Lakes Master Association, Inc.’s (“Master Association”) governing documents).
STATUTORY PROVISION
Section 720.3035, Florida Statutes, entitled “Architectural
control covenants; parcel owner improvements; rights and privileges” provides,
in part, as follows:
(1)(a) The authority of an association or any
architectural, construction improvement, or other such similar committee of an
association to review and approve plans and specifications for the location,
size, type, or appearance of any structure or other improvement on a parcel, or
to enforce standards for the external appearance of any structure or
improvement located on a parcel, shall be permitted only to the extent that
the authority is specifically stated or reasonably inferred as to such
location, size, type, or appearance in the declaration of covenants or other
published guidelines and standards authorized by the declaration of covenants.
An association or any architectural, construction improvement, or similar
committee of an association must reasonably and equitably apply and enforce on
all parcel owners the architectural and construction improvement standards
authorized by the declaration of covenants or other published guidelines and
standards authorized by the declaration of covenants. (Emphasis added.)
. . .
(2) If the declaration of covenants or other
published guidelines and standards authorized by the declaration of
covenants provides options for the use of material, the size of the
structure or improvement, the design of the structure or improvement, or the
location of the structure or improvement on the parcel, neither the association
nor any architectural, construction improvement, or other such similar committee
of the association shall restrict the right of a parcel owner to select from
the options provided in the declaration of covenants or other published
guidelines and standards authorized by the declaration of covenants. (Emphasis
added.)
. . .
(6)(a) To protect the health, safety, and welfare of the
people of the state and to ensure uniformity and consistency in the hurricane
protection installed by parcel owners, this subsection applies to all
homeowners’ associations in the state, regardless of when the community was
created. The board or any architectural, construction improvement, or other such similar committee of an association must adopt
hurricane protection specifications for each structure or other improvement on
a parcel governed by the association. The specifications may include the color
and style of hurricane protection products, and any other factor deemed
relevant by the board. All specifications adopted by the board must comply with
the applicable building code.
(b) Notwithstanding any other provision in the
governing documents of the association, the board or any architectural,
construction improvement, or other such similar
committee may not deny an application for the installation, enhancement, or
replacement of hurricane protection by a parcel owner which conforms to the
specifications adopted by the board or committee. The board or committee may
require a parcel owner to adhere to an existing unified building scheme
regarding the external appearance of the structure or other improvement on the
parcel.
(c) For purposes of this subsection, the term
“hurricane protection” includes, but is not limited to, roof systems recognized
by the Florida Building Code which meet ASCE 7-22 standards, permanent fixed
storm shutters, roll-down track storm shutters, impact-resistant windows and
doors, polycarbonate panels, reinforced garage doors, erosion controls,
exterior fixed generators, fuel storage tanks, and other hurricane protection
products used to preserve and protect the structures or improvements on a
parcel governed by the association.
DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE
MANSIONS AT FOREST LAKES
Article VI of the Declaration of Covenants and Restrictions
for The Mansions at Forest Lakes (“Mansions Declaration”) entitled
“ARCHITECTURAL CONTROL COMMITTEE” provides as follows:
All Lot Owners and this Association shall be bound by the
decision of the Architectural Control Committee (“ACC”) established by the
Covenants for Forest Lakes.
MASTER COVENANTS FOR FOREST LAKES
Article VIII of the Master Covenants for Forest Lakes
(“Master Covenants”) entitled “Architectural Control; General Powers” provides,
in part, as follows:
. . .
Section 2. Review of Proposed Construction.
Subject to Section 9 below, no building, fence, wall or other structure or
improvement (including landscaping) shall be commenced, painted, erected or
maintained in the Development, nor shall any addition, change or alteration
visible from the exterior be made, nor shall any awning, canopy or shutter be
attached to or placed upon outside walls or roofs of building or other
improvements, until the plans and specifications showing the nature, kind,
shape, height, materials and location of the same shall have been submitted to
and approved in writing by, the Committee (after first having been approved by
a Sub-Association or architectural control committee thereof)…
. . .
(c) Roofs: All
visible sloped roofs shall be constructed with cement or clay tiles.
Under no circumstances any asphalt or wood shingles shall
be permitted by the Architectural Board.
. . .
Section 8. Variance. The Committee may
authorize variances from compliance with any of the architectural provisions of
which Declaration when topography, natural obstructions, hardship, aesthetic or
environmental consideration require . . . If such variances are granted, no
violation of the covenants, conditions and restrictions contained in this
Declaration shall be deemed to have occurred with respect to the matters for
which the variances were granted. The granting of such a variance shall
not, however, operate to waive any of the terms and provisions of this
Declaration for any purpose except as to the particular property and particular
provisions hereof covered by the variance . . .
ANALYSIS:
Section 720.3035, Florida Statutes, provides that
associations must establish “hurricane protection” specifications.
Hurricane protection includes roof systems recognized by the Florida
Building Code which meet ASCE 7-22 standards. Further, the above quoted
statute recognizes that there may be covenants or established guidelines which
provide options as to material. However, this also means that there may
be covenants or established guidelines that do not provide options as to
material.
The Master Covenants provide that “all visible sloped roofs
shall be constructed with cement or clay tiles”, unless a variance is granted
based upon any of the four (4) limited circumstances discussed in Section 8
above. Since individuals who purchase Lots within The Mansions are
subject to the Mansions Declaration and the Master Covenants, the Lot Owners
are required to comply with the roof material restriction of cement or clay
tiles on visible sloped roofs. Section 720.3035, Florida Statutes, does
not negate the roof restriction set forth in the Master Covenants and further,
does not provide that metal roofs must be approved by associations.
Therefore, if an application for the installation of a metal roof is submitted
to the Mansions Board or architectural control committee, Section 720.3035,
Florida Statutes, does not require the Mansions Board to approve the metal roof
application and in fact, due to the restriction set forth in the Master
Covenants, the application must be rejected.
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