Being on a homeowners’ association (HOA) board of directors can seem like a thankless, daunting job. It’s volunteer work that requires balancing conflicting interests and enforcing ever-changing rules.
When disputes arise, the board is often on the receiving end of a resident’s anger. News of alleged misdeeds by neighboring HOA boards also creates distrust. Florida recently enacted several new HOA laws that may help foster more harmonious relationships in the community.
Six new laws took effect in late 2023. HOA boards are duty-bound to understand and uphold them. But it’s not always easy, as misinterpretations may occur, and some board members may lack training. Communities must collaborate to achieve legal compliance through clear communication.
A quick look at each new bill
Florida’s new HOA bills tackle transparency, safety and individual freedoms in communities. Discussing these changes with HOA members helps prevent disputes resulting from ignorance of the law.
- House Bill 919: The “Homeowners’ Association Bill of Rights” addresses common disputes. It covers areas such as record access, fund commingling and penalties. The bill says HOA members can’t be fined or suspended for violating the association’s bylaws or rules without a two-week notice sent to their email or mailing address.
- House Bill 949: This law designates roadways for golf cart use in areas with heavy traffic. It also sets age limits for operating golf carts and penalizes drivers without valid IDs.
- Florida Statute 720.3045 as part of House Bill 437: It allows homeowners to install, display or store items in their backyard if they’re not visible from the front or side of the property.
- Senate Bill 154: It aims to prevent tragedies like the Surfside building collapse. It mandates rigorous inspections, such as structural integrity reserve studies, for condos and other buildings three stories or higher.
- Senate Bill 252: This bill bans businesses and government offices from requiring proof of vaccination or COVID-19 tests to access services or jobs.
- Senate Bill 360: This contentious addition shortens the time to file latent construction defect lawsuits against developers from 10 years to seven.
Being open about how these bills affect the community promotes respect and accountability. If residents dispute these changes or challenge the HOA’s authority, it’s advisable to consult an experienced community association and HOA attorney to know your options.