Watch Out HOA’s New Laws are in effect.

Finally, homeowners receive great news. Governor Ron DeSantis signed House Bill 59 , House Bill 293 and House Bill 1203 into law. The provisions of HB 293 (Hurricane Safety Bill) are effective immediately; however, HB 1203 and HB 59 are effective on July 1, 2024.

No longer will bad HOA officers, directors, employees, and/or agents believe they are invincible.

These new laws will require HOAs to examine and maybe amend their policies and procedures in order to assure compliance. HOAs must familiarize themselves with the provisions of these bills and take the required actions to comply with them.

NEW BILLS QUICK SUMMARY

House Bill 59- Provision Of Homeowners’ Association Rules and Covenants focuses on providing members of HOAs with copies of the association’s rules and covenants. HOAs must supply both new and existing members with updated copies if any amendments are made. The bill allows HOAs to meet this requirement by posting the rules and covenants on their website with proper notification to members. The aim of the bill is to improve transparency and ensure members are informed about the rules and regulations governing associations. Some of the key takeaways of House Bill 59 are:

Before October 1, 2024, the HOA must provide a physical or digital copy of the association’s rules and covenants to every member of the association, including new members.
Provide an updated copy of amended rules or covenants to every member.
The HOA is permitted to meet the requirement by posting a complete copy of the association’s rules and covenants, or a direct link thereto, on the homepage of the association’s website, if the website is accessible to the members of the association and the association sends notice to each member of the association of its intent to utilize the website for this purpose.

House Bill 293-Hurricane Protections for Homeowners’ Associations mandates that HOAs and related committees adopt hurricane protection specifications for structures and improvements on parcels governed by the HOA. These specifications must comply with building codes and may include factors such as the color and style of hurricane protection products. The bill also allows HOAs to require parcel owners to adhere to a unified building scheme regarding the external appearance of structures. Additionally, the bill prohibits HOAs from denying applications for hurricane protection that conform to the specified specifications, ensuring consistency and safety measures for all structures within the association.

House Bill 1203-Homeowners’ Associations introduces various requirements and regulations for Community Association Managers (CAM) and HOAs in Florida:

By January 1, 2025, an HOA with 100 or more parcels must establish a website or an application that can be downloaded to a mobile device to post specific HOA records and notices of meetings required by this law.
The association’s website or application must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to parcel owners and employees of the association.
CAM and CAM firms are required to annually complete at least 10 hours of continuing education and biennially complete at least five hours of continuing education that pertains to HOAs and three hours related to recordkeeping.
An association and its officers, directors, employees, and agents may not use a debit card issued in the name of the association or billed directly to the association, for the payment of any association expense. Any person who uses a debit card issued in the name of the association or is billed directly to the association, for any expense that is not a lawful obligation of the association commits theft.
Director Education:
- A director must complete the department approved education for newly elected or appointed directors within 90 days after being elected or appointed.
- The certificate of completion is valid for 4 years.
- A director of an association that has fewer than 2,500 parcels must complete at least 4 hours of continuing education annually, while directors of an association with 2,500 or more parcels must complete at least 8 hours of continuing education annually.
New rules on fining and suspension of use rights, which includes:
- 14-day notice of the parcel owner’s right to a hearing is to be in writing
- The hearing is to be held within 90 days of the notice of hearing.
- Written findings related to the violation are to be provided within 7 days of the hearing and include the date the fine must be paid or the suspension fulfilled.
- The date by which the fine must be paid to be at least 30 days after delivery of the written notice of the committee’s decision.
- Attorney fees and costs based on actions taken by the board before the date set for the fine to be paid are not permitted.
- If a violation and the proposed fine or suspension is not cured or the fine is not paid, reasonable attorney fees and costs may be awarded to the association, but may not begin to accrue until after the payment date of the fine or the appeal time has expired.
New Criminal Penalties:
- It is a third degree felony for an officer, director, or manager of an association to knowingly solicit, offer to accept, or accept a kickback.
- It is a first degree felony if an officer or director (1) knowingly aiding, abetting, or advising a person in the commission of a fraudulent voting activity related to association elections, (2) agrees, conspires or confederates with at least one other person to commit a fraudulent voting activity related to association elections, or (3) has knowledge of a fraudulent voting activity related to association elections and gives any aid to offender with intent that the offender avoid or escape detection, arrest, trial, or punishment.
- It is a second degree misdemeanor for any director or member of the board or association to knowingly, willfully, and repeatedly violate (two or more violations within a 12-month period) any specified requirements relating to inspection and copying of official records of an association with the intent of causing harm to the association or one or more of its members;
- It is a first degree misdemeanor for a person to knowingly and intentionally deface or destroy required accounting records, or knowingly and intentionally fail to create or maintain required accounting records, with the intent of causing harm to the association or one or more of its members;
- It is a third degree felony for a person to willfully and knowingly refuse to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial or punishment for the commission of a crime, or to assist another person with such avoidance or escape.
- Being charged with any criminal act under the statute requires removal from the board.
Architectural Review requirements for associations or an architectural, construction improvement, or other similar committee to:
- Provide written notice to the parcel owner of the rule or covenant relied upon when denying the request for the construction of a structure or other improvement;
- Not place limits on the interior of a structure or require review of HVAC, refrigeration, heating, or ventilating system not visible from a parcel’s frontage, an adjacent parcel, common area, or community golf course, if a substantially similar system has been previously approved; and
- Not prevent a homeowner from installing or displaying vegetable gardens and clotheslines in areas not visible from the frontage or an adjacent parcel, an adjacent common area, or a community golf course.