It seems that every year the legislature is tinkering with the Homeowners’ Association (HOA) laws. However, this year was an extremely active year that created numerous changes that are not only important to know but also require timely implementation by an HOA. The following is a non-comprehensive list of the changes made to the HOA statutes in Florida during the last two legislative sessions. This list is not exhaustive and is meant for information purposes only.
- 2023 - HB 437 (720.304 and 720.3045 Florida Statutes)
- Prohibits HOA's from restricting certain types and sizes of flags from being displayed on a member's property.
- The list is expansive and specific. I recommend you read the statute to ensure the HOA does not attempt to restrict a permitted flag.
- Prohibits HOA's from restricting members from installing, displaying, or storing any items on the property that is not visible from the front of the property or the neighboring property.
- Prohibits HOA's from restricting certain types and sizes of flags from being displayed on a member's property.
- 2023 - HB 919 (720.303, 720.3033, and 720.305 Florida Statutes)
- Notice of BOD meetings MUST specifically identify the agenda items to be covered.
- Identifies default method of contact for members.
- Unless a member specifically opts to receive information via email, the mailing address is the default method of contact.
- Specifically states that no commingling of member deposits with other HOA funds can occur.
- Specifies what conflicts of interest are prohibited in HOA transactions by BOD members.
- Specifies what facts require the removal of a BOD member.
- Adds more specificity to the requirements surrounding the fining process.
- Please look at this section to ensure compliance with future notices and procedures for fines.
- 2024 - HB 59 (720.303 Florida Statutes)
- Requires HOA to furnish every member of the association, as well as all future members, with either a physical copy or digital copy of the HOA Governing Documents BEFORE October 1, 2024.
- A HOA must provide all new members of the HOA with a physical or digital copy of the Governing Documents.
- If the HOA Governing Documents are amended, every member must be provided with an updated copy.
- The above requirements can be met by posting a complete copy of the Governing Documents on the homepage of the HOA website and the HOA sends a notice to each member of its intent to utilize the website for such purposes by email or mail (as indicated in HOA records).
- 2024 - HB 293 (720.3035 Florida Statutes)
- All HOAs must adopt hurricane protection specifications requirements for any HOA property, which specifications must comply with local building code.
- Provides definitions as to what is "hurricane protection."
- 2024 - HB 1203 (720.303, 720.3033, 720.3035, 720.3045, 720.305, 720.3065, 720.3075, 720.3085, 720.317, 720.318 Florida Statutes)
- By January 1, 2025, an HOA with 100 or more parcels must establish a website and post certain records on it which are accessible to owners as well as notices of meetings.
- Please see statute for list of specific records required.
- Please see statute for requirements for website.
- An HOA and its officers, directors, employees, and agents may not use a debit card issued in the name of the HOA, or billed directly to the association, for the payment of any association expense.
- HOA members can make a written request for a detailed accounting of any amounts owed to the HOA. If the HOA fails to provide the accounting within 15 business days of a written request, any outstanding fines of the requester are waived if the fine is more than 30 days past due and the association did not give prior written notice of the fines.
- Please note this change as it is time sensitive.
- Newly required Board of Director Education.
- A director must complete the department approved education for newly elected or appointed directors within 90 days after being elected or appointed.
- The certificate of completion is valid for 4 years.
- A director of an association that has fewer than 2,500 parcels must complete at least 4 hours of continuing education annually, while directors of an association with 2,500 or more parcels must complete at least 8 hours of continuing education annually.
- Added new rules on fining and suspension of use rights, which includes
- A member is entitled to a 14-day notice of a hearing, of which notice shall be provided in writing.
- A hearing must be held within 90 days of the notice of the hearing being provided to the member.
- The findings from the hearing shall be provided in writing and must be provided within 7 days of the hearing.
- No Attorney fees and costs related to actions before the date set for the fine to be paid are allowed.
- If a violation and the proposed fine or suspension is not cured or the fine is not paid, reasonable attorney fees and costs may be awarded to the HOA but may not begin to accrue until after the payment date of the fine has expired.
- Adds to the list of prohibitions of actions/items that an HOA can fine and restrict.
- Leaving garbage receptacles at the curb or end of driveway less than 24 hours before or after collection day or time.
- Leaving holiday decorations up longer than indicated in the Governing Documents, unless they are left up for more than one week after the HOA provides written notice of the violation to the member.
- Prohibit a member or other from parking a personal vehicle, including a pickup truck, in the owner’s driveway or in any other area where they have a right to park, a work vehicle, which is not a commercial motor vehicle, in the property owner’s driveway, or assigned first responder vehicle on public roads or rights-of-way with the HOA.
- By January 1, 2025, an HOA with 100 or more parcels must establish a website and post certain records on it which are accessible to owners as well as notices of meetings.
While the list is not exhaustive you can see that the changes are numerous. Although the Florida Statutes have changed it does not necessarily mean that you need to take action to amend your Governing Documents. I recommend you reach out to an attorney if you have any specific questions regarding the legislative changes listed herein and how your specific HOA should act.
