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Article
Courtesy of CBS News Miami
By
Ivan Taylor
Published June 15, 2024
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WATCH VIDEO |
MIAMI - A new law that limits homeowner association fines was signed by
Governor Ron DeSantis will go into effect July 1st.
"I am glad they are setting up new rules," said The Hammocks resident
Rosivette De Jesus.
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She said while she's
happy about the law, she still has serious doubts.
"Who is going to enforce it?" asked De Jesus.
State Representative Juan Carlos Porras was one of the
sponsors of the bill that became law.
"Now if you are a member of a board, you have to do four to
eight hours a year in training," said Porras.
"We enacted felony charges for kickbacks for members of
these associations that receive these monetary gains from
being in charge of their associations," he added. |
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Back in 2022, some board members at The Hammocks were
arrested, accused in a scheme to steal millions of dollars in monthly
association fees paid by homeowners.
The Hammocks homeowner Ana Danton who said she suffered the arbitrary fines,
harassment, and lack of transparency from the HOA.
"We finally have the opportunity to contract and hire vendors, like
management companies, that are going to serve our interests and not
themselves," said Danton.
The new law requires HOA transparency:
Every HOA must keep its official records (bylaws and amendments, current
rules, meeting minutes, tax returns, voting records) for at least seven
years. They cannot be destroyed within that time - or it's a first-degree
misdemeanor.
HOA must provide notice and agendas for any scheduled meeting of its members
at least 14 days in advance.
"But the DBPR still does not have enforcement power for it," said De Jesus,
still doubtful of the effectiveness of the new law.
The Department of Business and Professional Regulation (DBPR) lacks the
funds and manpower to handle complaints against HOAs all over Florida.
"Unfortunately, DBPR has not come to the table and asked to do the work that
is required, but we're still fighting," said Porras.
Here are some of the things that an HOA will not be able to do as of July
1st.
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Ban homeowners or their invited guests from parking
personal, business, or first responder vehicles (including pickup
trucks) that are not commercial vehicles.
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Ban contractors or workers from the homeowner's
property.
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Require review and approval of plans for central air
conditioning, refrigeration, or ventilation system that isn't visible
from the street.
Homeowner associations also will not be able to fine
residents for leaving garbage cans at the curb or the end of their driveway
within 24 hours of a scheduled trash collection.
Homeowners who live in an HOA community are being urged to read the new law
to know their rights.
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