Laura Lordi, C.A. Bridges
Palm Beach Post
- As of July 1, a new law limiting what homeowner associations in Florida and Palm Beach County can do to their members went into effect.
- The law comes just after another one forcing HOAs to allow homeowners to harden their homes against hurricanes.
- HOA defenders point out that homeowners agreed to the conditions when they purchased the home, and efforts to standardize and protect property rights with reasonable restrictions are well within their responsibility.
Start planning your backyard vegetable garden. For many Florida and Palm Beach County homeowners, Monday, July 1, marked the day they could finally relax a little.
As of July 1, a new law limiting what homeowner associations in the state and Palm Beach County can do to their members went into effect.
Homeowner associations (HOAs) were created to maintain standards, uniformity and a sense of community while collecting dues to pay for common areas, services and general neighborhood improvements. But it seems that many people who have lived in an HOA have horror stories about petty or arbitrary fines that keep increasing, harassment, overly restrictive rules regarding the appearance of homes and lawns, the lack of management availability and transparency, or just the ongoing grind of living under the watchful eyes of HOA busybodies with tape measures and a lot of free time.
The HB 1203: New Florida HOA laws explained
HB 1203, Homeowners' Association, was just one of several HOA bills introduced in this year's legislative session to rein in HOA excesses but it may be the most sweeping one, amounting to essentially a Homeowner's Bill of Rights. This law comes just after another one forcing HOAs to allow homeowners to harden their homes against hurricanes.
HOA defenders point out that homeowners agreed to the conditions when they purchased the home, and efforts to standardize and protect property rights with reasonable restrictions are well within their responsibility. And many homeowners live happily under their HOAs, content with the management and satisfied with the services. Some smaller HOAs may struggle with the expense of some of the training and transparency requirements.
But the run of proposed HOA legislation this year came in response to a lot of resident complaints about the lack of accountability, legislators said.
“We’re seeing harassment of homeowners,” said Rep. Juan Porras, R-Miami, one of the sponsors of the bill. “We’re seeing selective enforcement of bylaws and covenants.”
Here's what changed.
What Palm Beach County and Florida HOAs can't do to homeowners anymore
As of July 1, 2024, HOAs may no longer:
- Enforce rules on some residents but not others
- Ban 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
- Ban contractors or workers from the homeowner's property
- Fine residents for leaving garbage cans at the curb or the end of their driveway within 24 hours of a scheduled trash collection
- Fine 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
- Limit or create 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
- Ban 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.
HOA fines limited in Palm Beach County and Florida
There are also big changes in HOA fines.
- HOAs may not levy fines more than $100 per violation or more than $1,000 in total if daily fines are levied
- HOAs may not put a lien in a parcel for fines of less than $1,000
- If the violation is cured before the hearing or in a manner specified in the written notice, the fine or suspension may not be imposed
HOAs must be transparent with rules and meetings
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. An HOA with at least 1,000 parcels must prepare audited financial statements.
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.
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 it available for copying within five business days.
Every three months, a homeowner may make a written request for a detailed accounting of any and all money they owe to the association related to their parcel, and get it within 15 business days. If the board does not comply, any outstanding fines the person owes older than 30 days that they never received written notice of will be waived.
HOA directors must be trained. Bribes are now a felony
A newly elected or appointed director must complete education on financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements within 90 days and repeat it at least every four years.
On top of that, the director of an HOA with fewer than 2,500 parcels must complete at least four hours of continuing education every year or be suspended until they do.
An HOA officer, director or manager who solicits offers or accepts kickbacks commits a third-degree felony and must immediately be removed from office.
HOA managers or management firms must be involved and easy to find
An HOA manager or a representative of the HOA management firm must:
- Attend, in person, at least one annual member or board meeting
- Provide the name and contact information for every HOA manager or management form rep assigned to the HOA along with their hours of availability and a summary of their duties, which must be posted to the HOA's website and kept current
- Provide a copy of the contract between the manager or management firm and the HOA and keep it with the HOA records
- Complete at least five hours of continuing education on HOAs, with three hours relating to recordkeeping
What are HOAs?
A Homeowner's Association or HOA is an organization in a planned community, neighborhood subdivision or condominium building that creates and enforces rules for the properties, residents and guests. It charges fees to be used for the maintenance of the community and may levy fines against residents who violate the rules.
HOA rules are often in place to maintain conformity among the permitted architecture, color schemes, landscaping and decorations. HOAs also enforce parking restrictions, noise complaint policies, home occupancy limits, vacation rentals and more.
Anyone buying property within the jurisdiction of an HOA automatically becomes a member of the HOA and subject to its restrictions and covenants.
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