Even More Changes For Florida Homeowners’ Associations

The parade of legislative changes in Florida continues in mid-2024, as several laws signed by the governor in recent months begin to take effect. Some of the most notable involve community association boards, particularly homeowners’ associations (HOAs). HB 1203 was signed into law in May 2024, and was hailed at the time as a “Homeowners’ Bill of Rights” for the strictures it sought to place on HOA boards. If you are a board member or a parcel owner in an HOA, it is crucial that you be aware of the changes soon to come.

Curbing Board Power

Many of the small alterations this bill makes to state law have to do with just how far an HOA board can flex its powers. Some of the most discussed provisions include:

• Requiring HOAs to allow “common-sense” parking – in other words, allowing unit owners or their guests from parking non-commercial vehicles in places where they have the right to park to begin with;
• Removing the ability of HOAs to fine owners for small offenses, such as leaving trash cans out for too long or leaving Christmas lights up for too long, without prior notice;
• Barring HOAs from trying to regulate structures that are not visible from the street, a neighbor’s property, an adjacent common area or public golf course. Any structure that cannot be seen while off the property is beyond the scope of the HOA board, including vegetable gardens and clotheslines; and
• Allowing parcel owners to go ahead with construction or improvement projects unless the HOA provides an explicit written notice with reason for denial.

The bill also seeks to promote transparency and accountability for board members and for the unit as a whole, as recent cases involving board members acting unethically have had long-lasting effects.

Ability To Fine Owners Is More Strictly Regulated

In addition to the small quality-of-life adjustments contained in HB 1203, perhaps the change with the most potential for owner happiness is that relating to HOA fines and liens. Historically, HOAs and other community associations have had significant power to fine owners and place liens on their parcels or units for relatively minor infractions, as long as they did not run afoul of an association’s bylaws or conditions, covenants and restrictions (CC&Rs). This measure changes this in ways that will be immediately apparent to owners.

For example, under this new “bill of rights,” an HOA board may not place a lien on a parcel for fines of less than $1,000. The board also may not levy fines of more than $100 per violation, or for a total of $1,000 if the fines are imposed daily. This can give owners much more breathing room – the majority of delinquent owners do not want to be in conflict with their board, and many will be able to reach current status again if the fines do not continue to pile up.

Contact A Tampa HOA Attorney

If you are an owner in an HOA, or you are on the board, or both, it is important to familiarize yourself with the new laws you will be expected to obey – but an experienced Tampa HOA attorney can help. Attorney Alicia Seward and the Seward Law Office have experience with changes of this nature, and will work hard to ensure that you are in a good place to take advantage of them both personally and professionally. Contact our office today at 813-252-6789 to schedule a consultation.

Source:

flsenate.gov/Session/Bill/2024/1203