As of July 1, 2024, several new laws affecting homeowners’ associations (HOAs) in Florida will come into effect. These changes aim to increase transparency, accountability, and fairness within HOAs. Here’s a breakdown of the key updates and what they mean for homeowners and HOA boards.
Key Changes to HOA Regulations
1. Notification and Hearing Requirements for Fines
New rules stipulate that HOAs must provide at least 14 days’ written notice to homeowners before imposing fines or suspensions. This notice must detail:
- The alleged violation
- Specific actions required to correct the violation
- Information about the hearing, including date, location, and access if held electronically
Hearings must take place within 90 days of the notice, and can be conducted via telephone or other electronic means. If the violation is corrected before or as specified in the notice, no fine or suspension will be imposed. Additionally, attorney fees and costs cannot be awarded against an owner based on any board action taken before the due date of the fine (source).
2. Prohibited Fines
HOAs are now prohibited from imposing fines for:
- Leaving garbage receptacles at the curb within 24 hours before or after the designated collection day
- Keeping holiday decorations up longer than specified, unless they remain up for more than one week after the association provides written notice (source).
3. Criminal Penalties for Kickbacks
To reduce corruption and promote ethical management, new criminal penalties are established for HOA officers, directors, and property managers who accept kickbacks (source).
4. Educational and Professional Standards
Community association managers and management firms must meet specific continuing education requirements, ensuring qualified and competent management of HOAs (source).
5. Meeting Transparency
The new laws mandate more stringent rules for HOA meetings, requiring proper notice to members and facilitating easier attendance and participation (source).
6. Financial Accountability
Enhanced financial reporting and regular audits are required to ensure transparency and trust in the HOA’s financial health (source).
7. Distribution of Rules and Covenants
By October 1, 2024, HOAs must provide every member with a physical or digital copy of the association’s rules and covenants. This requirement also applies to new members and any updates to the rules. Associations can comply by posting the documents on their website and notifying members electronically or by mail (source).
Conclusion
These changes are designed to foster a more transparent, fair, and accountable environment within Florida’s homeowners’ associations. For HOA boards, it’s crucial to update policies and ensure compliance with the new regulations. Homeowners should familiarize themselves with these changes to understand their rights and responsibilities better.
For more detailed information on these legislative updates, you can refer to the following sources:
Stay informed and proactive to make the most of these new protections and requirements.
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