How the New 2024 Bills Will Affect Community Associations

HB 59 — Provision of Homeowners’ Association (HOA) Rules and Covenants

HOAs will now be required to provide members with access to, or an actual copy of, the Association’s rules and covenants.

  • HOAs can meet the notice requirements of this bill if the HOA posts a complete copy of the rules and covenants, or a link to them, on the homepage of its website. When doing this, the HOA needs to make sure that:
    • All of their members can access the site.
    • They send a notice that tells each of their members that they are using the website to post the rules and covenants.
    • The notice is sent to each member electronically or by mail.
  • If the rules and covenants are not posted online, then the HOA has to give every member a physical or electronic copy of their rules by October 1st, 2024.
    • This requirement extends to all new owners as well. They must be given the same documents as every other member no matter when they arrive.
  • Any time the HOA amends or updates its rules and covenants, it has to give every member a new updated copy. (It is up to each HOA as to how and when these updates will be are provided.)

HB 293 Hurricane Protections for Homeowners’ Associations:

Homeowners in an HOA may improve the hurricane protection of their homes according to set HOA specifications.

  • The bill requires that HOAs and committees adopt specifications for hurricane protection.
  • “Hurricane protection” means anything someone builds or installs to protect their property in a hurricane. This includes, but is not limited to:
    • Fixed storm shutters
    • Roll-down storm shutters
    • Hurricane windows, doors, roofs, and garage doors
    • Polycarbonate panels
    • Fixed outside generators
    • Erosion control measures
    • Fuel Storage
  • When setting these “specifications,” the HOA:
  • May tell homeowners what color and style they have to choose for their protections.
  • May also tell homeowners that they need to comply with a uniform look if there is one in the community.
  • Must make sure that the standards comply with the relevant building code.
  • Ultimately, if a homeowner applies for new or updated hurricane protection, and it meets all of the HOA’s standards, then the HOA may not deny their application.
  • This bill will apply to every HOA in the state, so it does not matter how new or old it is.

HB 1203 Homeowners’ Associations:

A wide range of new requirements and guidelines have been placed on HOAs and their members.
Community Association Manager Requirements
Community Association Managers have new responsibilities regarding education, transparency, and availability.

Community Association Managers and CAM firms must:

  • Attend at least one member or board meeting of the association a year.
  • Provide HOA Members:
    • Their contact information.
    • Their hours of availability.
    • Upon request, a copy of the contract between the association and the CAM or the
      CAM firm.
  • The HOA must post the CAM information on their website or application.
  • Annually complete ten hours of continuing education.
  • Biannually complete five hours of continuing education regarding HOAs (three out of the five hours must relate to recordkeeping).

Records and Reporting:

HOAs are made more accountable to both the homeowners and law enforcement for their recordkeeping.

This bill requires that HOAs:

  • Provide homeowners with detailed accounts of what they owe the HOA when the owner requests it.
    • If the HOA fails to provide accounting within 15 business days, then the fine may be waived. So long as the fine is more than 30 days past due and the HOA did not give prior written notice of it.
    • After making the request the owner may not request again for 90 days.
  • Assist Law enforcement when appropriate.
    • This includes providing documents or access to law enforcement within five business days of a subpoena.
  • Maintain official records for at least seven years.
    • Unless their governing documents require it to be longer.
  • If an HOA consists of 100 parcels or more, they must post a digital copy of their official records on their website by January 1, 2025.
    • This website requirement is a new provision that is similar to the website requirement that applies to some Condominium Associations.
    • The website must be accessible through the internet and have a subpage or portal that is only accessible to HOA parcel owners and employees.
    • If an HOA consists of 1,000 parcels or more, it must annually obtain an audit for their financial statements.

HOA Criminal Violations:

There are new and updated criminal penalties for crimes related to the conduct of HOAs.

This bill provides new criminal penalties for:

  • Interfering with HOA recordkeeping.
  • Fraudulent voting activities in HOA elections.
  • HOA officers, directors, or managers, soliciting or accepting kickbacks.

Education of Officers and Directors:

HOA directors have new educational requirements, and their curriculum requirements have been outlined.

  • HOA directors with 2,500 or more parcels must complete a minimum of eight hours of education annually.
  • HOA directors with less than 2,500 parcels must complete four hours of education annually.
  • The educational curriculum must include courses on financial literacy, transparency, recordkeeping, levying of fines, notice requirements, and meeting requirements.
  • After completion, new HOA directors must submit a certificate of completion for their education within 90 days of appointment.

Rule Enforcement:

The HOA must inform owners as to why construction requests are denied, and there are new protections for certain less visible items.

  •  If an HOA denies a request for construction, they must then provide the owner who made the request with written notice that details the rule on which they relied.
  • The HOA may not limit or require review of interior structures, vegetable gardens, clotheslines, as long as it is not visible from the front, an a nearby house, or a community area.
  • The HOA may also not limit or require review of HVAC or ventilation systems as long as they are not visible from the exterior and similar projects have been approved.

Parking and Vehicle Regulations:

Parking rights for individuals and visitors in the community have been expanded.HOAs cannot prohibit:

  • The parking of personal vehicles in driveways or parking areas.
  • Owners, guests, tenants, and invitees from parking first responder, law enforcement, or work vehicles in the community.

Changes to HOA Fines:

To review a fine, the HOA must have a hearing before a committee. The bill gives guidelines on the hearing process. It also regulates fines for decorations and trashcans.

  • A fine may levied by the Board may not be imposed without 14-days’ prior written notice of the right to a hearing.
  • Fine hearings must be held within 90 days of issuance of the notice.
  • If a violation is corrected within the timeframe in the notice or before committee hearing, the fine is waived.
  • Committee hearings may be held electronically or via phone.
  • Within seven days of the hearing, the committee must provide written notice of the committee’s findings.
  • The committee’s written notice must provide instructions on how to pay a fine.
  • The committee sets the due date for the fine, which due date must be at least 30 days after delivery of written notice.
  • If a violation is found, the proposed fine is approved, and the violation is not corrected, then reasonable attorney fees and costs may be awarded to the HOA.
  • Attorney fees and costs may not begin to add up until after the due date for the fine has passed and the fine’s appeal window has expired.

HOA may not levy fines for:

  • Garbage Cans that have been out for less than 24 hours before or after garbage day.
  • Holiday decorations, unless the HOA has already written a notice to take them down, and it has been more than one week since that notice.

Miscellaneous:

  • HOAs can now choose to opt for electronic voting with an electronic vote.
  • HOA debit cards are prohibited.
  • HOAs cannot restrict a homeowner’s selection of a contractor or service provider.
  • Unpaid Assessments may only incur simple interest, not compound interest.

HB 1029 My Safe Florida Condominium Pilot (MSFCP) Program:

This bill is essentially the condominium equivalent of the My Safe Florida Home Program. In short, eligible condominiums and associations can apply for inspections and grants to implement hurricane-related improvements on their properties.

Eligibility and Participation:

  • To apply for an inspection or grant the association or condominium must receive approval by majority vote of the board or of the total voting interest of the Association.
    o If this grant is going to improve one or more units, there must also be a unanimous vote of all unit owners within the structure or building that is the subject of the mitigation grant.
  • Only condominium properties within 15 miles of the coastline are eligible for the program.

Inspection Requirements:

  • The Inspections must be done by licensed inspectors under the MSFCP program.
  • Inspections will include:
    • A range of cost estimates
    • A report that summarizes results and recommended improvements
    • Estimated insurance premium discounts

Grants:

  • Only a single application for a grant may be submitted per property.
  • Associations must contribute $1 for every $2 provided by the MSFCP Program.
  • The following improvements are eligible for grants:
    • Opening protection
    • Exterior doors, including garage doors
    • Reinforcing roof-to-wall connections
    • Improving the strength of roof-deck attachments
    • Secondary water resistance for roofs
  • Grant awards are limited to 50% of the project cost, with a maximum of $175,000 per association.

Contract Management:

  • The Department of Financial Services (DFS) may contract with third parties for the requirements of this bill, as long as they have demonstrated a record of successful business operations directly related to the services to be provided.
  • DFS must implement quality assurance and reinspection of all improvements.

For More Information, Visit icardmerrill.com or call 941.366.8100.

Telese Zuberer, Esq., President
Nicole Price, Esq.
Curtis Hamlin, Esq.
Tyson Pulsifer, Esq.