Bill Summary By
Milena Macias, Esq.
CCFJ Director for Legislative Affairs
Published June 11, 2024
ANALYSIS OF
BILL
HB 1203
LEGISLATIVE SESSION 2024
ANALYSIS
OF CS/CS/HB 1203: Homeowners' Associations
LAW OF FLORIDA
CHAPTER NO. 2024-221
A BILL
by Commerce Committee; Regulatory Reform & Economic Development
Subcommittee; Esposito; Anderson; Porras; (CO-INTRODUCERS) Botana;
Canady; Daniels; Garcia; López, J.; Lopez, V.; Maggard; Plasencia;
Rdondo; Stark; Trabulsy
Effective Date: 7/1/2024
On May 31, 2024, Governor Ron DeSantis
approved the bill entitled “CS/CS/HB 1203 for Homeowners’
Associations.”
On June 3, 2024, Governor DeSantis
signed into law and enacted Chapter No. 2024-221, with an effective
date of July 1, 2024.
The purpose and passage of this law attempts to protect
owners in mandated homeowners' associations governed under s. 720,
F.S. The law adds, revises and amends current provisions, including
criminal penalties for certain actions by officers, directors, or
managers of HOA (on fraudulent voting); the impact of HOA rules and
covenants (including parking of first responders vehicles); fines
and suspension; attorney fees and costs; priority of payments;
amending provisions of HOA’s rules and covenants to its members;
liens; and prohibited clauses in association documents relating to
assessments. The law amends s. 468.4334 F.S. in its title to include
community association manager requirements. The requirements for
community association managers or management firms include: (a)
attendance in person of at least one member meeting or board meeting
of the homeowners’ association annually; (b) contact information for
community association managers or representatives assigned to the
homeowners’ association, including hours of availability and summary
of duties, which shall be posted on the association’s website or
application required under s. 720.303(4)(b F.S.; (c) updated
information must be distributed within 14 business days after any
change to such information; (d) contract between the community
association manager or community association management firm and the
homeowners’ association contract must be provided to members upon
request and included with association’s official records.
The law requires that by January 1, 2025, an association
that has 100 or more parcels shall post the following documents on
its website or make available such documents through an application
that can be downloaded on a mobile device: Documents that need to
be posted include (i) articles of incorporation of the association
and each amendment thereto; (ii) recorded bylaws of the association
and each amendment thereto; (iii) declaration of covenants and a copy
of each amendment thereto; (iv) current rules of the association;
(v) a list of all current executory contracts or documents to which
the association is a party or under which the association or the
parcel owners have an obligation or responsibility and, after
bidding for the related materials, equipment, or services has
closed, a list of bids received by the association within the past
year; (vi) annual budget and any proposed budget to be considered
at the annual meeting; (viii) financial reports; (ix) any monthly
income or expense statement to be considered at a meeting; (x)
association’s current insurance policies; ((xi) certification of
each director as required by s. 720.3033(1)(a); (xii) All contracts
or transactions between the association and any director, officer,
corporation, firm, or association that is not an affiliated
homeowners’ association or any other entity in which a director of
an association is also a director or an officer and has a financial
interest; (xiii) contracts or documents regarding a conflict of
interest or possible conflict of interest as provided in ss.
468.436(2)(b)6. and 720.3033, F.S.; and (xiv) notice of any
scheduled meeting of members and the agenda for the meeting, as
required by s. 720.306 F.S., at least 14 days before such meeting.
The law provides that a notice must be posted in plain view
on the homepage of the website or application, or on a separate
subpage of the website or application labeled “Notices” which is
conspicuously visible and linked from the homepage. The association
shall also post on its website or application any document to be
considered and voted on by the members during the meeting or any
document listed on the meeting agenda at least 7 days before the
meeting and notice of any board meeting, the agenda, and any other
document required for such meeting to be posted on the website or
application no later than the date required for notice. In
addition, the association’s website or application must be
accessible only to owners and employees of the association and not
to the general public. When presented with a written request by a
parcel owner, the association must provide the parcel owner with a
username and password and access to the protected sections of the
association’s website or application which contains the official
documents of the association.
The law amends s. 720.303(5) F.S. to define criminal
penalties (d), (e) and (f). Subsection (d) provides that a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 is committed if a director, a member of the
board or a community association manager knowingly, willfully and
repeatedly violate a member’s request for inspection of records or
for production of records with the intent to cause harm to the
association or a member of the association. Subsection (e) provides
that a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, F.S. is committed by a person who knowingly
and intentionally defaces or destroys accounting records or fails to
create or maintain such the records and who knowingly or
intentionally fails to create or maintain accounting records with
the intent of causing harm to the association or one or more of its
members. Subsection (f) provides that a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 is
committed when a person who willfully and knowingly refuses to
release or otherwise produce association records with the intent to
avoid or escape detection, arrest, trial, or punishment for the
commission of a crime, or to assist another person with such
avoidance or escape.
The law amends F.S. 720.3065 to provide that a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s.
775.083 is committed when a person knowingly aids, abets, or advises
a person in the commission of a fraudulent voting activity related
to association elections, including to conspire, to avoid detection,
arrest, trial or punishment.
The law amends s. 468.4337, F.S. to require a renewal
license may not be issued by the Department of Business Regulations until the licensee
submits proof that the licensee has completed the requisite hours of
continuing education, including at least 5 hours of continuing
education that pertains specifically to homeowners’ associations, 3
hours of which must relate to recordkeeping.
The law amends s. 720.303, F.S., to provide that officers
and directors of a homeowners' association are subject to s.
617.0830 F.S. Officers and directors of the association must act
in good faith, in discharging his or her duties, and director and
may rely on information of legal counsel, public accountants, or
other persons as to matters the director reasonably believes are
within the persons’ professional or expert ability.
The law amends s. 720.318 F.s. to authorize first responders
to park their first responders vehicles on their property, as well
on the public road and rights of way.
The law amends s. 720.3045, F.S. to authorize parcel
owners or their tenants to install, display, or store clotheslines
and vegetable gardens under certain circumstances that are not
visible from the parcel's frontage
or an adjacent parcel.
The law amends s. 720.3035, F.S to prohibit an association
(or committees on architectural or construction) from enforcing or
adopting covenants or guidelines that limits or places requirements
on the interior of a structure that is not visible from the parcel's
frontage or an adjacent parcel. In addition, the association
and/or committee cannot enforce or adopt certain covenants or rules
in their review on specifications and include central
air-conditioning, refrigeration, heating, or ventilating system that
are not visible from the parcel’s frontage and is substantially like
the present system.
The law provides that the association cannot preclude a
property owner from inviting, hiring, or allowing entry to a
contractor or worker on the owner's parcel solely because the
contractor or worker is not on a preferred vendor list of the
association. Additionally, homeowners' association documents may not
preclude a property owner from inviting, hiring, or allowing entry
to a contractor on his or her parcel solely because the contractor
or worker does not have a professional or an occupational license.
In addition, the association may not require a contractor or worker
to present or prove possession of a professional or an occupational
license to be allowed entry onto a property owner.
The law amends 720.305 (2), to provide that a fine or
suspension for a violation levied by the board may not be imposed
unless the board first provides at least 14 days’ written notice of
the parcel owner’s right to a hearing, that the hearing must held
within 90 days and can be conducted by telephone or other electronic
means. The board must allow the parcel owner to cure the
violation. If a violation has been cured before the hearing or in
the manner specified in the written notice, a fine or suspension may
not be imposed. If a violation is not cured and the proposed fine
or suspension levied by the board is approved by the committee by a
majority vote, the committee must set a date by which the fine must
be paid, which date must be at least 30 days after delivery of the
written notice required.
No fine or suspension is allowed on leaving garbage receptacles at
the curb or end of the driveway within 24 hours before or after the
designated garbage collection day. Moreover, no fine or
suspension may be imposed by the board on leaving holiday
decorations or lights on a structure or other improvement on a
parcel longer than indicated in the governing documents. However,
if decorations or lights are not removed after one week after the
association provides written notice of the violation to the parcel
owner, a fine or suspension may be issued.
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