President’s Corner – October 2024 – Florida’s New HOA Laws

Living in a neighborhood with a Homeowners’ Association (HOA) is a responsibility that homeowners in Viera should be aware of since everyone belongs to at least two HOAs, but some neighborhoods have even more.  Almost every year during Florida’s legislative session, we see some minor tweaks to existing HOA laws.  However, this year, we saw sweeping legislation that will have an impact on ALL HOAs.  The good news, here in Viera, many of these new requirements were already in our governing documents.  But, there are some rules that have changed and some procedures that are being updated.

These legislative changes were introduced through House Bill 1203, which took effect on July 1^st and were adopted to emphasize transparency, accountability, and fairness in managing HOAs, and ensuring members have clear access to information and fair treatment.

Here are some key updates that might impact you:

Document Accessibility

• By January 1, 2025, HOAs with 100 or more parcels must make their governing documents, meeting minutes, and other essential information accessible online through a website or mobile app. This platform must include a password-protected section for owners and association employees​.
• Requires maintenance of specified official records for seven (7) years unless the association’s governing documents require a longer period of time.

Financial Transparency and Accountability

• HOAs with 1,000 or more parcels must prepare audited financial statements, regardless of revenue. Associations are also prohibited from using debit cards for expenses; misuse is classified as theft​.
• Homeowners now have the right to request detailed accountings of their dues and charges, and HOAs must respond within 15 business days. Failure to do so may result in waived fines under specific conditions​.

Board Member Education and Conduct

• New board members must complete an approved educational course within 90 days of their appointment, covering topics like financial transparency and recordkeeping. Continuous education requirements also apply based on the size of the association​.
• The law imposes criminal penalties for directors, officers, or managers engaging in kickbacks, fraudulent activities, or failing to maintain records properly​.

Architectural and Property Regulations

• HOAs can no longer enforce rules on interior modifications not visible from public areas. They are also restricted from regulating installations like vegetable gardens or artificial turf if these are not visible from public or neighboring parcels​.
• Provides that if an association denies an application for the construction of a structure or other improvement on a parcel, the association must provide written notice to the owner stating with specificity the rule or covenant on which the association relied when denying the request or application.
• Specifies vegetable gardens and clotheslines are among the list of items that an association is prohibited from preventing a homeowner from installing, displaying, or storing on their property if not visible from the frontage or adjacent parcel. In addition, these items may not be visible from an adjacent common area or community golf course.  
• Provides an association may not prohibit an owner, or a guest, tenant, or invitee, from parking his or her personal vehicle, including a pickup truck, in the owner’s driveway or in any other area at which the owner or the owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations. 
• Regardless of any official insignia or visible designation, an association cannot prohibit an owner, or a guest, tenant, or invitee, from parking his or her work vehicle, which is not a commercial motor vehicle as is defined in Fl. St. 320.01(25), in the driveway. 
• Provides an association may not prohibit who is a first responder vehicle from parking their first responder vehicle on public roads or rights-of-way within the association if this is an area where the homeowner, or the tenant, guest, or invitee thereof, otherwise has a right to park.
• Prohibits an HOA, regardless of any provision in the governing documents, from denying an application for the installation, enhancement, or replacement of hurricane protection which conforms to the specifications adopted.

Fines and Enforcement Changes

• The law modifies the fining process, requiring timely hearings and prohibiting fines for resolved violations. Some activities, such as keeping garbage bins at the curb within specified timeframes, cannot be penalized​.

If you have any questions about the new laws, please contact your neighborhood’s Community Association Manager (CAM).  For a comprehensive look at Florida Statutes that govern HOAs, you can review Chapter 720 HERE.

So, until next time, remember, “Obey the laws, or they will be obeyed in a way you won’t like.” – Benjamin Franklin

Eva M. Rey, President
Central Viera Community Association, Inc.