Florida Adopts Homeowner Protective HOA Laws

Through multiple bills, Florida adopted measures intended to improve member rights, accountability and transparency in its homeowners association (HOA) laws.

Effective July 1, 2024, the laws collectively enhance homeowner rights, provide for uniform hurricane protection, and change HOA governance.

House Bill 1203 – Enhanced Financial Transparency and Accountability

As noted in a committee analysis of House Bill 1203, the bill:

  • Mandates educational requirements for community association managers (CAMs) and HOA directors.
  • Provides that an HOA with 100 or more parcels is required to post certain official records on the HOA’s website or application, by January 1, 2025.
  • Allows a parcel owner to make a written request for a detailed accounting of any amounts owed to the HOA, and the HOA must provide such information or else the board forfeits any outstanding fine under certain circumstances.
  • Prohibits an HOA or its architectural, construction improvement, or other similar committee (ARC) from limiting or placing requirements on the interior of a structure that cannot be viewed from the frontage of the property, adjacent property, the adjacent common area, or community golf course.
  • Prohibits an HOA or ARC from requiring the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilating system by the HOA or any ARC, or other such similar committee of an HOA, if such system is not visible from the property’s frontage, adjacent property, adjacent common area, or a community golf course, and is substantially similar to a system that is approved or recommended by the HOA or a committee.
  • Provides criminal penalties if an HOA officer, director, or manager accepts a kickback.
  • Prohibits an HOA from preventing a homeowner from installing or displaying vegetable gardens and clotheslines in areas not visible from the frontage or adjacent properties, adjacent common area, or a community golf course.
  • Makes certain voting activities relating to HOA elections a first-degree misdemeanor.

House Bill 59 – Provision of Homeowners’ Association Rules and Covenants

Under House Bill 59, HOAs are required to provide all members with copies of the association’s rules, covenants, and restrictions and post them on the association’s website. It also requires HOAs to notify homeowners of changes to these documents.

House Bill 293 – Hurricane Protection

House Bill 293 authorizes HOAs to set guidelines concerning the external appearance of hurricane protection structures and adopt hurricane protection specifications that comply with building codes. The bills also prohibits HOAs from denying an application for the installation, enhancement, or replacement of hurricane protection by a home owner that complies with building codes and meets the aesthetic requirements set by the HOA.

Homeowners should review their HOA’s governing documents to see if they provide for automatic implementation of changes in the law applicable to HOA. Known as the “Kaufman” language, the phrases usually takes the form of “as amended from time to time”. Absent such language, an HOA might take the position that it is not bound by changes in the law.

Leave a Reply

Your email address will not be published. Required fields are marked *