I've been closely monitoring the evolution of Florida's HOA
regulations, which I'm excited to see reining in overly strict rules and
potentially altering board's authority, responsibilities, and procedures.
Just recently, on May 31, I published a blog post discussing the new
laws HB 59 and HB 293. But the legislative scene has swiftly shifted with the
passing of another significant bill, HB 1203.
I anticipate that a crucial aspect of the recent legislation will greatly affect certain neighbors within my HOA community. Our community's bylaws clearly state the prohibition of personal pickup trucks or non-commercial vehicles from parking here. Some residents have voiced their wish to change this bylaw, with an anticipated special election to address it. However, due to the new law, there won't be a need which might disappoint staunch supporters of truck restrictions.
HB 1203 signifies a thorough reform of Florida's HOA regulations, designed to tackle enduring concerns and reinforce homeowner protections. Starting July 1st, specific actions against homeowners will be banned by HOAs. Furthermore, HOAs will be mandated to post certain required association documents in their website by January 1, 2025 as noted below.
View Bill's Text
Here's a breakdown of Florida's HB 1203 key provisions:
1. Expansion of Parking Rights
- Residents will
now have the freedom to park (1) non-commercial, personal, or work vehicles,
including pickup trucks, on the property. Plus, if a first responder has been assigned a specific vehicle, like a police car, they're allowed to park it on public roads or areas within the HOA's jurisdiction.
2. Relaxation of Aesthetic Control
- HOAs can no
longer require review and approval of plans for certain installations, like
central air conditioning systems, if they're not visible from designated areas.
3. Empowerment in Landscaping
- Homeowners are
granted the right to maintain vegetable gardens on their property, as long as
they're not visible from specified areas such as the street, neighboring
properties, or common areas.
4. Reform in Fines and Enforcement
- The legislation
imposes restrictions on HOA fines or supsensions of membrs rights for (1) leaving garbage receptacles at the curb or end of driveway less than 24
hours before or after collection day or time or (2) leaving holiday decorations
or lights longer than indicated in the governing documents, unless they are
left up for more than one week after the association provides written notice of
the violation to the owner.
5. Education Requirements
- HOA managers and
directors must meet specific educational requirements approved by the
Department of Business and Professional Regulation, including 4-8 hours of
yearly continuing education courses.
6. Association Debit Card
- It's now prohibited for anyone associated with the HOA - be it officers, directors, employees, or agents to use a debit card issued in the association's name for any expense that isn't a legitimate obligation of the association. Doing so would constitute theft.
7. Association Website Requirements:
By January 1, 2025, the association website must include the following documents:
- Association application
- Rules
- Regulations
- Covenants
- Articles of Incorporation
- Amendments
- Executory Contracts or Documents
- Bids received by the association within the past year
- Budget
- Proposed budget
- Financial reports
- Insurance policies
- Certification of each director on the board
- Website Log-in credentials exclusively accessible to parcel owners with a distinct username and password for each owner. For sensitive or parcel owner-restricted information the association must ensure redaction before publishing the documents online.
In conclusion, as Florida's HOA communities gear up for the transformative
impact of HB 1203, proactive engagement and awareness of all are key. By understanding
the nuances of the legislation and actively participating in community
discussions, homeowners can navigate this new paradigm with confidence and
assert their rights effectively.
About the Author: Liz Kenneally is a seasoned real estate agent in Miami with extensive experience in the city's dynamic market. She is also licensed in community association management. Liz specializes in coveted neighborhoods of Coral Gables, Dadeland, Continental Park, East Kendall, Palmetto Bay, Pinecrest, South Miami, and The Falls, Liz ensures smooth transactions for her diverse clientele. Fluent in both English and Spanish, she can be contacted at 786-423-3348 or through the EMAIL AGENT form provided alongside this blog.