Effective July 1, 2024, significant changes to Florida Statutes (Chapter 720) regarding Homeowners Associations (HOAS) have been enacted. If you are interested in becoming a board member of your homeowners association, here is a quick reference guide to the main highlights of this past legislative session that you will need to know:
- Official Records and Record keeping
Digital Records: HOA's with one hundred (100) or more parcels must maintain a digital copy of specified records on the association's website or through a mobile app by January 1, 2025.
Subpoena Compliance: Associations must provide records subpoenaed by law enforcement within five (5) days.
Retention Period: Official records must be maintained for at least seven (7) years.
- Criminal Violations
Misdemeanors and Felonies: Various offenses, including defacing association records or fraudulent voting, have been recategorized from second-degree misdemeanors to third-degree felonies, with increased associated penalties.
Removal from Office: Any officer or director charged with a criminal violation specified under Chapter 720, Florida Statutes, must be removed from office.
- Financial Reporting and Accounting
Audit Requirements: Associations with one thousand (1,000) or more parcels must have audited financial statements.
Accounting Requests: Parcel owners may request a detailed accounting of the amounts they owe to the association. Failure to provide this information within fifteen (15) business days results in the waiver of outstanding penalties if certain conditions are not met.
- Education Requirements for Officers and Directors
Initial Training: Newly elected or appointed directors must complete educational training on various topics within ninety (90) days.
Annual Continuing Education: Directors of associations with fewer than twenty-five hundred (2,500) parcels must take at least four (4) hours of continuing education annually; those with twenty-five hundred (2,500) or more parcels are required to take, at least, eight (8) hours of continuing education annually.
- Enforcement of Covenants and Rules
Notice and Transparency: Associations must provide written notice of the specific rule or covenant violated when denying construction requests.
Interior Autonomy: Associations may not limit what an owner may do within the interior elements of a structure not visible from certain areas.
Visible Installations: Homeowners are allowed to install items not visible from the frontage or adjacent parcels or common areas, including vegetable gardens and clotheslines.
Vehicle Restrictions: Associations cannot prohibit the parking of a person's personal or work vehicles in their driveway or other allowable parking areas unless the vehicle is defined as a "commercial vehicle" under Chapter 320, Florida Statutes.
- Fines, Suspensions, and Liens
Hearing Requirements: Before fines or suspensions may be imposed, a hearing must be held within ninety (90) days of the notice of violation. If the violation is cured before the hearing takes place, the fine may not be imposed.
Garbage and Decorations: Restrictions on the ability to fine for violations related to garbage receptacle placement and holiday decorations have been established.
- Electronic Voting and Assessments
Electronic Voting: Members may now consent electronically.
Interest on Assessments: Only simple interest, not compound interest, may accrue on a homeowner's unpaid assessments.
Peter S. Sachs is a founding partner of Sachs Sax Caplan P.L. in Boca Raton. He is board certified in Condominium and Planned Development Law by the Florida Bar.
Visit: ssclawfirm.com