06/11/2024
Here's what changed.
What Florida HOAs can't do to homeowners anymore
As of July 1, 2024, HOAs will be prohibited from:
Enforcing rules on some residents but not others
Banning homeowners or their invited guests from parking personal, business or first responder vehicles (including pickup trucks) that are not commercial vehicles in their driveways or any other area where they have a right to park per state, county and municipal regulations
Banning contractors or workers from the homeowner's property
Fining residents for leaving garbage cans at the curb or the end of their driveway within 24 hours of a scheduled trash collection
Fining residents for leaving up holiday lights or decorations past the HOA's rules without prior notice, after which the homeowner will have one week to take them down
Limiting or creating rules for the inside of a structure that isn't visible from the street, a neighbor's property, an adjacent common area or a community golf course
Banning vegetable gardens or clotheslines, if they can't be seen from the street, a neighbor's property, an adjacent common area or a community golf course
Require review and approval of plans for central air conditioning, refrigeration, heating or ventilation system that isn't visible from the street, a neighbor's property, an adjacent common area or a community golf course and is similar to previously approved systems
If a construction or improvement request is denied, the HOA also must provide written notice "stating with specificity" exactly why and under which rule or covenant.
Law requires HOA transparency
Every HOA must keep its official records (bylaws and amendments, articles of incorporation, declaration of covenants, current rules, meeting minutes, insurance policies, contracts, financials, budgets, tax returns, voting records, etc.) for at least seven years. Destruction of accounting records within that time is a first-degree misdemeanor.
HOAs with more than 100 parcels must post all of their rules, convenents, budgets and related documents on their websites by Jan. 1.
HOAs must provide notice and agendas for any scheduled meeting of its members at least 14 days in advance in plain sight on its website. Any document to be considered and voted on must be posted online at least seven days before the meeting.
An HOA with at least 1,000 parcels must prepare audited financial statements.
Official records must be made available to a parcel owner within 10 business days of receipt of their written request, with some restrictions on how many physical copies are permitted, or the HOA must pay damages. Violation is a second-degree misdemeanor. Refusal to comply with the intent of avoiding criminal investigations or punishment is a third-degree felony.
If an HOA receives a subpoena for records from a law enforcement agency, they must provide a copy or make them available for copying within five business days.
