Power, Corruption, and HOAs: New Florida Laws Shake Up Homeowner Associations

Introduction

Big changes are here for Florida homeowners! Starting July 1, 2024, new HOA laws are shaking up how you manage your property. Stay tuned to learn what these updates mean for you!

Overview of the New HOA Laws

As of July 1, a new law limiting what homeowner associations in Florida can do to their members went into effect. This legislation is designed to increase management availability and transparency, aiming to address ongoing issues faced by many residents.

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The Reality of HOAs in Florida

I know from my comments that many of you are categorically anti-HOAs. I want you to know that the comment section is a safe space for you to share your horror stories. Feel free to vent; we will read them, get angry on your behalf, and send you love. However, HOAs are hard to avoid in Florida, with roughly 50,000 of them. We are second only to California in terms of the number of HOAs.

Why HOAs Exist

Homeowner associations (HOAs) were not created for nefarious reasons. They were established to maintain standards, uniformity, and a sense of community while collecting dues to pay for common areas, services, and general neighborhood improvements. Ideally, if you move into an HOA, you should know what you're getting into, including access to the rules and regulations beforehand.

Common Complaints About HOAs

Despite their intended purpose, many people who have lived in an HOA have horror stories about petty or arbitrary fines, harassment, and overly restrictive rules regarding the appearance of homes and lawns. The saying "Absolute power corrupts absolutely" seems to apply here. The new laws aim to address these issues, focusing on increasing the accountability of Home Owners Associations.

Key Changes in the New HOA Laws

Let's dive into the main changes introduced by the new laws and what they mean for you.

Holiday Decorations and Parking Rules

Two headline-grabbing changes are:

• Homeowners cannot be fined for leaving up holiday lights or decorations past the HOA’s deadlines without prior notice. Homeowners will have one more week to take them down.
• HOAs can no longer ban homeowners or their guests from parking vehicles that are not commercial vehicles anywhere the state allows. This includes pickup trucks and first responder vehicles.

The Ubiquitous Trash Can Rule

HOAs can’t fine you for leaving your trash can on the curb if it's within 24 hours of scheduled trash collection.

Vegetable Gardens and Clotheslines

You can now have a vegetable garden as long as it can’t be seen from your neighbor’s property, an adjacent common area, or a community golf course. The same rule applies to clotheslines.

Fair Enforcement and Interior Modifications

HOAs cannot enforce rules on some residents but not others. They also can’t limit what you do inside your house as long as it’s not visible from the street, a neighbor’s property, an adjacent common area, or a golf course. This includes restrictions on AC units that aren't visible.

Changes to Fine Limits

HOAs may not impose fines over $100 per violation or over $1,000 total if they are imposing them daily. They cannot put a lien on your property for a fine of less than $1,000. If you fix the violation before a hearing, the fine cannot be imposed.

Foreclosure Proceedings

Even if the HOA initiates foreclosure proceedings, your mortgage remains in the first position. This means the HOA cannot take possession of your home or receive any money until your mortgage has been paid in full.

Increased Transparency Requirements

HOAs now have to maintain transparency with rules and meetings. Every HOA must keep its official records (bylaws and amendments, articles of incorporation, declaration of covenants, current rules, meeting minutes, insurance policies, contracts, financials, budgets, tax returns, voting records, etc.) for at least seven years. Destruction of accounting records within that time is a first-degree misdemeanor.

Conclusion

These new laws mark significant changes in how HOAs operate in Florida. While some of the changes may seem minor, they collectively aim to increase transparency, fairness, and accountability within HOAs. As a homeowner, it’s crucial to stay informed about these changes and understand how they affect your rights and responsibilities.