Article
Courtesy of USA TODAY NETWORK - Florida
By C. A. Bridges
Published January 24, 2024
Florida Democratic and Republican
lawmakers may finally have found an issue they agree on.
Homeowner's Associations.
Sometimes it seems that everyone living in an HOA has a
horror story about petty or arbitrary fines, harassment,
inflexible and overly restrictive rules regarding the
appearance of homes and lawns, the lack of budget
transparency, or just living under the watchful eyes of HOA
busybodies with tape measures and a lot of free time.
Not all HOAs are the same, of course, and many people enjoy
the structure, comfort and sense of community from living in
a shared neighborhood with agreed-upon standards and
provided services. But complaints about HOAs have been
rising in recent years and several legislators from both
sides of the aisle have proposed more than a dozen bills
into this year's legislative session to rein in some of the
worst excesses.
“We're seeing harassment of homeowners,” Rep. Juan Carlos
Porras, R-Miami, said at a town hall meeting in October.
“We're seeing selective enforcement of bylaws and covenants.
And really there's no form of accountability.”
Bills will be subject to revision and amendments throughout
the course of the session but here's a look at what's being
proposed.
HB 1203,
Homeowners' Association: When and how they can fine
Rep. Tiffany Esposito, R-Fort Myers
Possibly the most sweeping of the HOA bills, this one
amounts to a Homeowner's Bill of Rights by enforcing
transparency and prohibiting some of the more restrictive
rules and covenants. The bill:
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Requires the HOA to provide to homeowners on request
a detailed accounting of any amounts the homeowners owe. Failure to
provide it within 10 days will result in a complete waiver of any
outstanding fines.
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Prohibits the HOA from restrictions on the interior
of the structure not visible from the home's frontage or adjacent
property.
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Mandates an appeal process for homeowners whose
"rights and privileges have been unreasonably infringed upon or
impaired" due to an architectural or construction decision from the HOA
or an HOA committee. The appeals board may not consist of HOA or HOA
committee officers or employees.
Requires written notice of fines or suspensions and provides deadlines
for various communications and actions.
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Blocks fines or suspensions for leaving garbage cans
out within 24 hours of the designated collection time or leaving holiday
decorations up longer than specified in the contract (unless left up
more than a week after the homeowner receives written notice).
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Prevents restrictions against parking personal
vehicles, "including a pickup truck" in the homeowner's driveway, common
parking lots, public roads and rights-of-way. Allows homeowners to park
noncommercial work vehicles in their driveways.
-
Allows homeowners to install hurricane protection
elements, metal roofs, artificial turf, vegetable gardens or
clotheslines and prevents grass-only or grass-majority restrictions.
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Limits amounts of fines, annual assessment fee
growth, and what can become a lien.
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Blocks retroactive enforcement of new rules or
covenants.
HB 431/SB 826, Restricts or caps
fines levied by Homeowners' Associations
Rep. Kristen Arrington, D-Osceola/Sen. Victor M. Torres,
Jr., D-Kissimmee
Shorter than most of the rest, these bills would be a
welcome sight to many HOA members.
It's already Florida law that an HOA may not impose a fine
of more than $100 for any single violation. But these bills
would prohibit fines levied for each day of a continuing
violation from exceeding $500, rather than the current
$1,000.
HB 1243,
Homeowners' Association and getting answers
Rep. Juan Carlos Porras, R-Miami
This one takes aim at remote, hard-to-reach managers and the
potential for corruption.
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Requires an HOA manager or community association
management firm to attend at least one member meeting per year in
person.
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Requires publicly available contact info for every
manager or representative assigned to that HOA.
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Requires the HOA or management firm to provide a copy
of the HOA contract upon request.
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Makes accepting bribes of money, goods or services
between $25 and $1,000 a first-degree misdemeanor and anything over
$1,000 a third-degree felony.
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Requires restrictions on construction or improvement
to be applied consistently, requires any refusal to include the rule or
covenant the association or committee used to deny the request.
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Specifies necessary continuing education for HOA
managers or management firms.
Other Homeowner's Association-related
bills in the 2024 Florida Legislative Session
HB 59/SB 50, Provision of Homeowners’ Association
Rules and Covenants: Requires HOAs to provide copies of the
rules and covenants to every member before Oct. 1, 2024 and
to every new member from then on; requires the HOA to post a
complete copy of the rules and covenants on the home page of
its website; requires the HOA to provide notices by email or
letter. (Rep. Kristen Arrington, D-Osceola/Sen. Linda
Stewart, D-Orlando)
HB 173, Not-for-Profit
Corporations that Operate Residential Homeowners
Associations: Require not-for-profit HOAs to donate or use
at least 15% of the association's annual income to benefit
the community and make available upon request records of how
and where such funds were used or donated. (Rep. Kimberly
Daniels, D-Duval)
HB 293/SB 600, Hurricane
Protections for Homeowners' Associations: Requires HOAs to
adopt hurricane protection specifications, including the
color and style, and prohibits denials of applications to
install certain hurricane protection elements. (Rep. Tyler
Sirois, R-Brevard/Sen. Blaise Ingoglia, R- Citrus)
SB 426, Community Associations.
Creates the Condominium Fraud Investigation Pilot Program
and the Office of the Homeowners Association Ombudsman.
(Rep. Alina Garcia, R-Miami-Dade)
HB 595/SB 942, Homeowners
Associations Database: Requires the state to establish a
searchable database that contains specific information
regarding each HOA; requires HOAs to notify the state of any
changes. (Rep. Juan Carlos Porros, R-Miami/Sen. Ana Maria
Rodriguez, R-Monroe)
HB 627/SB 1234, Disclosure
Requirements for Prospective Purchasers: Requires HOAs to
give specific documents to any prospective buyers of an HOA-controlled
property, including a disclosure summary that explains the
HOA and potential fines and fees, a current copy of the
governing documents, the most recent year-end financial
information and the minutes from the last year's worth of
meetings. Also allows buyers a three-day cancellation
period, not including Saturdays, Sundays, or legal holidays.
(Rep. James Buchanan, R-Sarasota/Sen. Ana Maria Rodriguez,
R-Doral)
HB 979/SB 278, Estoppel
Certificates: Prohibit HOAs from charging fees to prepare
and deliver estoppel certificates (confirmation of the
current status of the lease for the property and any moneys
owed or fees due, among other things). (Rep. Jenna Persons-Mulicka,
R-Lee/Sen. Jonathan Martin, R-Lee)
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