Article
Courtesy of Miami's Community News
By Community News Releases
Published June 17, 2024
State Representative Juan Carlos Porras is proud to
announce that Governor Ron DeSantis has signed HB 1203, a comprehensive
legislative package to crack down on fraud within homeowners’ associations (HOAs)
and enhance transparency and accountability. This new law builds on the
previous session’s reforms initiated with HB 919, the Homeowners Bill of
Rights.
Representative Juan
Carlos Porras emphasized the importance of these reforms,
stating, “HB 1203 is a significant step forward in
protecting homeowners and ensuring that HOAs operate with
the highest level of integrity. These measures will enhance
transparency, improve accountability, and safeguard
residents from fraudulent activities. I am proud to have
championed this legislation and will continue to work
towards improving the lives of my constituents and all
Floridians. Our communities deserve to know that their
interests are protected and that there will be serious
consequences if these entities engage in any misconduct.”
HB 1203 introduces several critical measures to ensure
homeowners’ associations operate more openly and ethically.
The key provisions of this bill include:
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Expanded Educational Requirements:
The bill mandates enhanced educational requirements for
Community Association Managers (CAMs) and HOA board
members to ensure they are fully informed about their
duties and responsibilities.
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Website Requirement:
Starting January 1, 2025, HOAs with 100 or more parcels
must establish a website accessible to HOA members. This
website will host essential documents, including bylaws,
providing members easy access to crucial information.
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Fine Reform:
Homeowners can request a detailed accounting of any
amounts owed to the HOA. If the HOA fails to provide
this information, the board may forfeit the outstanding
fine under certain circumstances. Additionally, HOAs
must issue a 14-day hearing notice and cannot impose
penalties if the issue is corrected before the hearing.
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Regulation of Property Interiors:
The bill prohibits HOAs from regulating the interiors of
structures that are not visible from the property’s
frontage, adjacent property, common areas, or community
golf courses, including regulations concerning AC units,
vegetable gardens, and clotheslines, provided they meet
HOA-approved standards.
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State Representative Juan Carlos Porras Led Efforts
to Bring This Legislation Forward After Significant Incidents in
District
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Enhanced Criminal Penalties: HB 1203
intensifies criminal penalties for misconduct within HOAs. Kickbacks
related to fines are now classified as a third-degree felony. The bill
also establishes first-degree misdemeanor penalties for various forms of
HOA election fraud, including aiding, abetting, or conspiring in
fraudulent voting activities.
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Financial Transparency: HOAs with
over 1,000 parcels must prepare audited financial statements annually,
ensuring greater financial transparency and accountability.
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Debit
Card Restrictions: Board members are
prohibited from using debit cards issued in the HOA’s name. Unauthorized
use of such debit cards is considered theft and prosecuted accordingly.
This landmark legislation marks a new era of HOA
governance in Florida, setting a higher standard for transparency and
accountability. For more information about HB 1203 and its implications,
please contact the office of State Representative Juan Carlos Porras at
(305) 252-4307.
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