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Amending an HOA Document? Be Sure Every Member Gets a Copy

The laws affecting Florida homeowners’ associations (HOAs) are always changing, and 2024 was a year full of new requirements for community associations in Florida. Complying with them is incumbent upon board members, but keeping up with legislative updates can be a full-time job – that’s where we come in! 

As a firm that specializes in helping homeowners’ associations and condominiums manage their legal responsibilities, our role is to ensure your HOA stays up-to-date and compliant with all Florida community laws. One new requirement your association may not yet be familiar with is House Bill 59. The law aims to improve transparency and access to essential documents for HOA members.

What HB 59 Means When Amending HOA Documents

House Bill 59 became effective July 1, 2024. It introduced new requirements for providing HOA members with copies of the association’s rules and covenants so that all members have easy access to the governing documents. 

If your association has recently amended or plans to amend any of its documents, every member of the association will need to receive an updated copy. 

The law allows HOAs to provide this documentation by posting the rules and covenants (or a direct link to them) on their homepage so long as the website is accessible to all association members. If posting online, the HOA must notify its members. The notification can be sent electronically to members who have consented to receive notices electronically or via mail.

Stay Compliant and Get SupportThe intention behind House Bill 59 is to offer transparency and ensure HOA members are well-informed about their association’s rules and changes. This becomes especially important whenever there is an amendment to an association governing document. We recommend reviewing your HOA’s current processes for distributing and housing essential association documents including its governing documents, bylaws and CC&Rs to ensure compliance with these new legislative changes. If you have questions about community law in Florida and how it may impact your community, please reach out to our team at Dania Fernandez & Associates, P.A.

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