Due to a number of association-related occurrences in recent years (ranging from the unprecedented collapse of a condo in Surfside to a number of high-profile theft and fraud cases in Miami) the Florida legislature has focused on creating new Florida HOA laws to protect the rights and wellbeing of the homeowners in the state. With 45% of the Florida homeowner population living in one of the 49,420 association communities in the state, these new laws are set to affect a large portion of the state’s residents.

Here is a look at these recent additions to Florida statute and a description of how they affect HOA community residents:

Homeowner Association Bill of Rights (House Bill 919)

This bill amends Section 720 of the Florida Statutes, became effective in October of 2023 and provides for the following:

Board members and directors with pending criminal charges can no longer access association records absent of a court order
Officers or directors charged with impropriety must be removed from office
Board members can no longer receive gifts or kickbacks from vendors
Conflicts of interest, particularly with regards to developers and vendors, must be disclosed
Creates criminal penalties for unduly influencing the electoral process including engaging in menacing or threatening behavior, bribery, manipulation or fraud.
Associations may no longer commingle association funds with member dues. Strict accounting guidelines must be followed to remain compliant with this measure.
Members can now attend violation meetings by phone, video conference or other electronic means.
Associations are now required to give members two week’s notice in writing for violations related to bylaws or other regulations by email or to the registered address of the homeowner prior to enforcing a fine. The notice must clearly state the violation and present a way for the homeowner to remedy the situation.

Golf Carts

House Bill 949 sets out that individuals under 18 driving golf carts on community property may do so only if they have an active state-issued learner’s permit or driver’s license. Those over 18 are required to drive golf carts on community property provided that they have government-issued photo ID.

Backyards

House Bill 437 which has created Florida Statute 720.3045, effective July 2023, grants homeowners greater freedoms over storing items in their backyard that are not visible from the property’s front or side.

Condo Inspection and Special Assessments

Senate Bill 154, which took effect in June 2023, was instigated by the Champlain Towers disaster, and is designed to prevent similar incidents. The new law requires stringent examinations of condos, especially those at least three stories tall or situated close to beaches or other water bodies that could affect the integrity of the structures foundations. The goal is to detect and resolve structural problems early, safeguarding building stability and occupant safety. In practice, this law creates an increased need for special assessments in communities with high-rise structures such as what is found in the typical COA. These communities are reeling from these assessments which can be significant, often forcing some residents to quick-sell their properties or take out loans to pay the assessments.

The HOA Website Law

Florida’s House Bill 1203, mandates that homeowners associations managing over 100 land parcels must digitally publish specific documents by January 1, 2026. These include:

Association covenants and rules
Yearly budget
Potential conflict of interest contracts
Financial records (receipts, expenses, tax filings, financial reports)

The law also requires HOAs to distribute their rules and covenants to current members by October 1, 2024, and to new members upon joining, either digitally or in print.

“…homeowners associations managing over 100 land parcels must digitally publish [community] documents [on their website or in an app available to members] by January 1, 2026.”

Furthermore, the online platform must feature a secure, password-protected area to safeguard sensitive information.

South Florida Law

The recent changes in Florida Housing Association and Condominium law have significantly improved the rights of homeowner members and have added to the obligations of the association. In light of these changes, you find yourself involved in a dispute with your housing association, be sure not to “go it alone”. Here at South Florida Law we have boutique firm attention to detail with the big firm resources necessary to take on a homeowner or condo association that is violating your rights. Call us today at 305.900.8885 or reach out via our contact form.