Article
Courtesy of USA Today
By C. A. Bridges
Published June 8, 2024
Florida residents with oppressive and obsessive HOAs,
your day of freedom may be at hand.
Homeowner associations (HOAs) were created to maintain standards, uniformity
and a sense of community while collecting dues to pay for common areas,
services and general neighborhood improvements. But they also tend to
attract people with strong opinions about what their neighbors can do.
It seems that everyone who has lived in an HOA has a horror story about
petty or arbitrary fines that keep increasing, harassment, inflexible and
overly restrictive rules regarding the appearance of homes and lawns, the
lack of budget transparency, or just the ongoing grind of living under the
watchful eyes of HOA busybodies with tape measures and a lot of free time
who care deeply about where you park.
A new bill, signed Friday by Gov, Ron DeSantis, may change all that when it
takes effect July 1. Or at least make life a little more manageable.
HB 1203, Homeowners' Association, was just one of several HOA bills
introduced in this year's legislative session but it may be the most
sweeping one, amounting to essentially a Homeowner's Bill of Rights. Under
state law, HOAs will be restricted from some of the most complained-about
rules and fines and required to be more transparent. This law comes just
after another one forcing HOAs to allow homeowners to harden their homes
against hurricanes.
Here's what changed.
What Florida HOAs can't do to homeowners anymore
As of July 1, 2024, HOAs will be prohibited from:
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Enforcing rules on some residents but not others
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Banning homeowners or their invited guests from
parking personal, business or first responder vehicles (including pickup
trucks) that are not commercial vehicles in their driveways or any other
area where they have a right to park per state, county and municipal
regulations
-
Banning contractors or workers from the homeowner's
property
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Fining residents for leaving garbage cans at the curb
or the end of their driveway within 24 hours of a scheduled trash
collection
-
Fining residents for leaving up holiday lights or
decorations past the HOA's rules without prior notice, after which the
homeowner will have one week to take them down
-
Limiting or creating rules for the inside of a
structure that isn't visible from the street, a neighbor's property, an
adjacent common area or a community golf course
-
Banning vegetable gardens or clotheslines, if they
can't be seen from the street, a neighbor's property, an adjacent common
area or a community golf course
-
Require review and approval of plans for central air
conditioning, refrigeration, heating or ventilation system that isn't
visible from the street, a neighbor's property, an adjacent common area
or a community golf course and is similar to previously approved system
If a construction or improvement request is denied, the
HOA also must provide written notice "stating with specificity" exactly why
and under which rule or covenant.
Law requires HOA transparency
Every HOA must keep its official records (bylaws and amendments, articles of
incorporation, declaration of covenants, current rules, meeting minutes,
insurance policies, contracts, financials, budgets, tax returns, voting
records, etc.) for at least seven years. Destruction of accounting records
within that time is a first-degree misdemeanor.
HOAs with more than 100 parcels must post all of their rules, convenents,
budgets and related documents on their websites by Jan. 1.
HOAs must provide notice and agendas for any scheduled meeting of its
members at least 14 days in advance in plain sight on its website. Any
document to be considered and voted on must be posted online at least seven
days before the meeting.
An HOA with at least 1,000 parcels must prepare audited financial
statements.
Official records must be made available to a parcel owner within 10 business
days of receipt of their written request, with some restrictions on how many
physical copies are permitted, or the HOA must pay damages. Violation is a
second-degree misdemeanor. Refusal to comply with the intent of avoiding
criminal investigations or punishment is a third-degree felony.
If an HOA receives a subpoena for records from a law enforcement agency,
they must provide a copy or make them available for copying within five
business days.
Every three months, a homeowner may make a written request for a detailed
accounting of any and all money they owe to the association related to their
parcel, and get it within 15 business days. If the board does not comply,
any outstanding fines the person owes older than 30 days that they never
received written notice of will be waived.
HOA director education, and bribes
A newly elected or appointed director must complete education on financial
literacy and transparency, recordkeeping, levying of fines, and notice and
meeting requirements within 90 days and repeat it at least every four years.
On top of that, the director of an HOA with fewer than 2,500 parcels must
complete at least four hours of continuing education every year or be
suspended until they do.
An HOA officer, director or manager who solicits offers or accepts kickbacks
commits a third-degree felony and must immediately be removed from office.
HOA managers or management firms have to be involved and easy to find
An HOA manager or a representative of the HOA management firm must:
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Attend, in person, at least one annual member or
board meeting
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Provide the name and contact information for every
HOA manager or management form rep assigned to the HOA along with their
hours of availability and a summary of their duties, which must be
posted to the HOA's website and kept current
-
Provide a copy of the contract between the manager or
management firm and the HOA and keep it with the HOA records
-
Complete at least five hours of continuing education
on HOAs, with three hours relating to recordkeeping
What are HOAs?
A Homeowner's Association or HOA is an organization in a planned community,
neighborhood subdivision or condominium building that creates and enforces
rules for the properties, residents and guests. It charges fees to be used
for the maintenance of the community and may levy fines against residents
who violate the rules.
HOA rules are often in place to maintain conformity among the permitted
architecture, color schemes, landscaping and decorations. HOAs also enforce
parking restrictions, noise complaint policies, home occupancy limits,
vacation rentals and more.
Anyone buying property within the jurisdiction of an HOA automatically
becomes a member of the HOA and subject to its restrictions and covenants.
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