One of the primary featured articles in the April issue of Florida Community Association Journal was authored by Nicole R. Kurtz. The article, which is titled “Questions and Reflections Over Florida’s New Ban on HOA Parking Restrictions,” focuses on the new 2024 law that precludes the inclusion of some fairly common parking restrictions from any future use in HOA governing documents. It reads:
. . . Restrictions prohibiting the parking of pickup trucks and commercial vehicles, which for the most part was understood to mean any vehicles with added signage or insignias for marketing purposes, have been enforced by Florida associations for decades. Such vehicles have been perceived as detriments to community aesthetics that negatively impacted their overall appeal and property values, so they were banned from overnight parking in owners’ driveways as well as in other areas in the community.
However, in an effort to force HOAs to do away with restrictions lawmakers perceived to be outdated and archaic, the legislature implemented a major change as of last July. It enacted a new law prohibiting communities from preventing owners and tenants, as well as their guests or invitees, from parking pickup trucks and commercial vehicles (regardless of official insignia or visible designation) in driveways or other areas in which parking is allowed by state, county and municipal regulations. The only vehicles communities would be allowed to ban from parking would be commercial motor vehicles weighing in excess of 26,000 pounds or with three or more axles, e.g., cement- and semi-trucks.
While the law seems clear, it actually carries several significant ambiguities that leave room for interpretation, which could lead to potentially costly and contentious litigation. First, it may be argued that because governmental parking laws only apply to public streets and not those that are privately owned and maintained by associations, the ban against these parking restrictions may not apply to gated communities with private roadways.
Additionally, the question over whether the law applies retroactively to associations that already had such parking restrictions in place, or if it only applies to association documents enshrined after it took effect last July, could also leave the door open to litigation. The arguments for confining its application only to associations that did not already have such restrictions in place begin with the fact that new laws are not typically applied retroactively.
From the language in the new statute, it is unclear whether it was intended to apply retroactively to existing HOA parking restrictions. That may be because the lawmakers are cognizant of the contractual rights granted under both the U.S. and Florida constitutions. Association declarations are akin to a contract that has been agreed upon between associations and their unit-owner members, so laws changing the terms of their existing provisions may be found to be unconstitutional.
To circumvent such questions pertaining to the application of new laws to existing association governing declarations, some associations include what is known as “Kaufman language” to automatically incorporate and adopt legislative changes whenever they go into effect. The new parking-restriction ban should apply to HOAs with such language in their recorded declarations, even if they had such prohibitions in place, but those without it may argue that it does not apply retroactively and could decide to keep their rules as they stand.
One approach to this new law for HOAs with such existing parking restrictions is to view it as emblematic of the evolution of pickup trucks and work vehicles in American society. While they were once thought of as unsightly, many now consider them to be attractive and popular options for drivers seeking vehicles that serve multiple purposes.
Association directors should reflect on the fact that such parking restrictions, which will no longer be found in new communities formed after the law went into effect, could limit their community’s appeal to a large class of potential buyers and tenants. Prospective owners may inquire about how the community interprets and applies the new law, and the continued use of the parking restrictions could negatively impact their purchase decision and, consequently, the property values for the enclave.
Directors should also recognize the fact that eliminating such restrictions could diminish the potential for owner disputes that would best be left avoided. . .
Nicole concludes her article by noting that such issues and approaches to addressing the new vehicle-parking law should only be considered by HOA directors working in close consultation with highly experienced association legal counsel after careful reviews of their governing documents. She writes that the stances they take could lead to litigation with highly uncertain outcomes, so it behooves directors to tread carefully if they wish to seek to avoid the potential costs and vicissitudes of contentious legal battles.
Click here to read the complete article on the publication’s website.