Bill Summary By
CCFJ Director for Legislative Affairs
Milena Macias, Esq.
ANALYSIS OF BILL
HB 1203
LEGISLATIVE SESSION 2024
HB 1203 (SUMMARY):
Homeowners Associations
We should support this bill
relating to Homeowners' Associations. This bill revises and amends
provisions relating to homeowners' associations including criminal
penalties for certain actions by officers, directors, or managers of
HOA; the impact of HOA rules and covenants, including fines and
suspension, attorney fees and costs, priority of payments.; the
provision of HOA’s rules & covenants to members; fines and
suspensions; attorney fees and costs; priority of payments; liens;
appeals of certain decisions; prohibited clauses in association
documents; & assessments.
The bill amends s. 720.303, F.S., and provides that officers and
directors of a homeowners' association are subject to s. 617.0830
F.S. That provision means that a director must act in good faith,
(basically just following the business judgment rule) 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 competence. However, if the director has knowledge concerning
the matter that would prevent reliance otherwise permitted, it will
be deemed as through the director is acting in bad faith.
The bill adds a new sub section s. 720.303(1)(13) allowing that a
parcel owner or any occupant, licensee, or invitee of the parcel
owner to make a written request to the board for a detailed
accounting of the amounts due to the association. In such event, the
board shall provide such information within 10 days after receipt of
the written request. If the board fails to respond within 10 days to
the request, it will be deemed a complete waiver of any outstanding
fines of the person who requested such accounting. In the event of
an appeal, the bill requires that the appeals committee provide a
written response to the owner within 7 days of the hearing. The bill
amends 720.305 (2), F.S. so that a fine that amounts to less than 1
percent of the parcel's property value at the time the fine was
levied may only become a lien against the parcel with approval by 75
percent (supermajority) vote aggregated to create a lien against a
parcel.
The bill authorizes a parcel owner to appeal certain decisions of
the association or certain committees of the association to an
appeals committee, and in the event a violation is found, provides
that the fine must be paid at least 30 days after the written notice
The bill authorizes law enforcement officers to park their assigned
law enforcement vehicles on their property, as well on the public
road and rights of way.
The bill 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 or that is not visible from the parcel's frontage or an
adjacent parcel.
The bill also amends s. 720.3035, F.S.; prohibiting 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 bill provides that the association cannot prohibit an owner from
installing hurricane protection or home hardening, such as hurricane
shutters, impact glass, code-compliant windows or doors, or other
similar protection that complies with or exceeds the applicable
building code.
Another feature of this bill is that is geared to helping owners is
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 or worker 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's parcel.
EFFECTIVE JULY
1, 2024
ORIGINALLY FILED VERSION OF
HB 1203
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