Summary of Recent Legislative Changes Affecting Florida HOAs

Recent legislative changes have introduced significant updates to the governance of homeowners associations in Florida. Key bills, including House Bill 1203, House Bill 293, and House Bill 59, bring new requirements and standards that HOA members and residents should familiarize themselves with. Here’s an overview of these important updates. If you have any questions, please contact our legal team at Dania Fernandez & Associates, P.A.

House Bill 1203: HOA Governance Changes

Effective July 1, 2024, House Bill 1203 implements extensive changes to various aspects of HOA governance with the aim of improving transparency, accountability, and education for board leadership. Key updates include:

• Community Association Managers (CAM) Requirements – CAMs or CAM firms must attend at least one member or board meeting annually in person, and HOAs must provide detailed information about each assigned CAM or representative on their website. Additionally, CAMs must complete at least 10 hours of continuing education annually and five hours biennially focused on HOAs.

• Director Education Requirements – All HOA directors must complete annual state-approved continuing education courses. The number of required hours depends on the size of the community.

• Architectural and Improvement Committee Decisions – Committees must provide written notice citing specific rules or covenants when denying construction or improvement requests. 

• Interior Modifications – The law prevents enforcement of rules or covenants restricting interior modifications unless visible from the parcel’s frontage, adjacent parcels, common areas, or community golf courses.

• Fines and Suspensions – HOAs cannot fine owners for minor violations, such as leaving garbage receptacles out within designated times or holiday decorations unless they remain up past the deadline without prior written notice. Fines cannot be imposed for violations corrected before the hearing, and owners have 30 days to pay fines.

• Parking Restrictions – Rules prohibiting pickup trucks from parking where other passenger vehicles are allowed are unenforceable. Also, HOAs cannot restrict commercial vehicles or vehicles with visible insignias from parking in an owner’s driveway unless the vehicle meets the statutory definition of a commercial vehicle under Section 320.01(25), Florida Statutes

• Digital Records and Website Requirements – HOAs must maintain official records for at least seven years. By January 1, 2025, HOAs with 100 or more parcels must have a website hosting digital copies of key documents and meeting notices.

House Bill 293: Enhanced Hurricane Protections

Also effective July 1, 2024, House Bill 293 mandates new hurricane protection standards for all HOAs in Florida. Key provisions of the hurricane protection specifications include:

• HOAs and Architectural Review Committees (ARCs) must adopt specifications for hurricane protection for each structure or improvement.
• Specifications should comply with building codes and can include color, style, and other relevant factors.
• HOAs cannot deny applications for hurricane protection installations that conform to adopted specifications.

House Bill 59: Rules and Covenants Distribution

Lastly, House Bill 59 introduces requirements related to the distribution of HOA rules and covenants. By October 1, 2024, HOAs must provide every member with a physical or digital copy of the association’s rules and covenants. New members must receive copies upon joining, and updated copies must be provided whenever rules or covenants are amended.

HOAs may adopt standards for distribution methods and timeframes. Copies can be provided via the HOA’s website if accessible to all members, with notice sent by email (if consented) or mail.

Preparing for Changes

These legislative changes are designed to foster greater transparency, clarity, and fairness within HOA governance. HOAs should review and update their practices to comply with the new requirements. To learn more about these community law changes affecting Florida HOAs or for help ensuring compliance, contact usat Dania Fernandez & Associates, P.A.