By Deborah Goonan, Independent American Communities deborahgoonan@gmail.com
Finally some consumer protection for homeowners in HOA planned communities
Effective July 1, 2024, HB 1203 establishes criminal penalties for HOA officers, directors, and managers that accept kickbacks.
It also requires an HOA to produce a detailed accounting of a member’s past due account, and, if the HOA fails to do so, the HOA may forfeit its right to collect any outstanding fine.
The bill sets some reasonable limitations on the power of an HOA board or Architectural Review Committee (ARC) to prohibit installation of HVAC equipment, vegetable gardens, and clotheslines that cannot be viewed from the curb or a golf course.
It also adds educational training requirements for CAMs (Community Association Managers) and HOA directors and requires communities of 100 or more units to post important official records on their website or the community’s proprietary app by January 1, 2025. However, these important records will be visible only to current HOA members, not to the general public. The HOA’s directors and managers face criminal charges for refusal to produce official records or tamper with them.
Full text of Enrolled bill HB1203 for 2024
HB 1203 legislative history and votes The Florida Senate (flsenate.gov)
Additional owner protections and requirements for condo and co-op associations
HB 1021 mirrors HB 1203, but this new law establishes criminal penalties for condo and co-op association officers, directors, and managers that accept kickbacks or engaging in fraudulent voting activity.
It also adds conflict of interest disclosure requirements for CAMs (Community Association Managers) and requires communities of 25 or more units to post important official records on their website or the community’s proprietary app by January 1,2026. As with HB 1203, official association records are to be visible only to HOA members, not to the public. The HOA’s directors and managers face criminal charges for refusal to produce official records or tamper with them.
Establishes the state regulatory agency’s duty to obtain and record proof of completion of structural reserve studies. Also requires the agency to report suspicious criminal activity to law enforcement.
HB 1021 legislative history and votes The Florida Senate (flsenate.gov)
New pilot program to assist condominium associations with making their buildings hurricane safe
Dubbed My Safe Florida Condominium (HB 1029), this pilot program is modeled after the My Safe Florida Home program that has been in existence since 2006. The program provides funding of up to $175,000 to qualifying condo associations to be used for safety inspections and hurricane mitigation improvements such as roof-to-wall strapping and hurricane resistant windows and doors. Effective date July 1, 2024.
Legislative history of HB 1029
HOAs must set standards for hurricane protection improvements
A new law (HB 293) requires HOAs to establish hurricane protection specifications, as well as architectural guidelines to maintain aesthetic standards, for things like hurricane-safe roof shingles, hurricane shutters, impact resistant doors and windows.
The HOA cannot deny approval for additions or modifications to a home, as long as an owner meets the HOA’s specified standards, such as adhering to acceptable color schemes. In other words, an HOA cannot deny hurricane hardening improvements without an objective reason supported by its written guidelines.
Legislative History of HB 293
HOA members must receive a copy of rules and covenants by Oct 2024
As currently required for condominium owners, under HB 59, HOA planned community associations must now ensure that all existing and new members are provided with an up-to-date copy of the rules and covenants. The format can be either digital or physical (in print). There is a deadline of October 1, 2024 for all HOAs in the state.
To make it simpler for HOAs to comply, rules and covenants documents can be posted on the HOA’s website, but the HOA must also notify members – by email and postal mail – of the web address or link to the rules and covenants. All FL HOAs must also distribute notice of any future amendments or corrections to these documents to each HOA member.
Legislative history of HB 59
CDDs and HOAs can’t stop you from installing a gas heater or gas stove
As part of a lengthy, comprehensive state energy policy, this law (HB 1645) prohibits Community Development Districts (CDDs) and HOAs from making restrictions on the type of fuel that can be used for heating and cooking, or the installation of electric vehicle chargers.
Full text of HB 1645 (See lines 852-883)
Legislative history of HB 1645
New law limits restrictions on installation or display of items in the back yard
Under the terms of a 2023 bill, HB 437, Florida state law now allows owners and residents in HOAs to display two flags and to install a flagpole. For HOAs in planned communities, the new law also states that no HOA can prohibit a member or resident from installing or displaying items on the property that are not visible from the curb or an adjacent property.
Although this law became effective in 2023, Florida homeowners may be unaware of these additional protections against some very unpopular but common HOA restrictions.
Full text of HB 437 (2023)
Final bill summary analysis of HB 437
Legislative history of HB 437 (Effective July 1, 2023)
see also: Florida’s HOA Backyard Law Change: Statute 720.3045 – BrowardGov
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