Diamond florida realtY and MANAGEMENT

The legislative session in Florida this year has led to five significant bills affecting community associations. These are HB 1203, HB 1029, HB 1021, HB 59. and HB 293. These bills affect both homeowners associations and condominium associations. They cover a variety of topics, including hurricane protection, criminal penalties for board members, voting rights, and new board meeting mandates.

House Bill 1203, passes on May 31, 2024, introduces new rules for HOAs in Florida and will be effective July 1, 2024

New directors must submit a written certification within 90 days of election or appointment. This certification confirms that they have read the association's governing documents, will uphold them, and will faithfully carry out their duties. They must also complete a state-approved condominium education course.

This certification is valid for four years. Directors must complete continuing education annually: four hours for associations with fewer than 2,500 parcels and eight hours for those with 2,500 or more.

HB 1203 outlines criminal charges and penalties for HOA operations. Directors or officers must be removed from office if charged with certain crimes, including forgery, theft, embezzlement, obstruction of justice, or fraudulent voting activities. 

Criminal penalties include:

* Second-degree misdemeanor for knowingly violating records inspection requests

* First-degree misdemeanor for defacing or destroying required accounting records

* Third-degree felony for withholding records to avoid legal penalties

* First-degree misdemeanor for fraudulent activities related to association election

The bill allows homeowners to consent to electronic voting in elections, using electronic means to provide their consent.

Starting January 1, 2025, associations with 100 or more parcels must maintain a website where members can download official records. These records must be kept for at least seven years unless the governing documents required a longer period. 

Before imposing fines or suspensions, associations must:

* Provide 14-day written notice of the right to a hearing

* Hold the hearing withing 90 days

* Dismiss fines or suspensions if the violation is corrected before the hearing

* Offer a written decision within seven days, including details of fines, suspensions, or remedies

HOA and their committees must enforce standards fairly across all parcel owners, providing written notice of the rules when denying a construction request. HOA cannot restrict homeowners from installing vegetable gardens and clotheslines if not visible from the street, neighboring properties, or common areas. Associations also can't restrict the interior of homes if the changes aren't visible from the outside. 

HOAs cannot prohibit personal or work vehicles (not commercial motor vehicle) from parking in a homeowners driveway. They also cannot ban first responder vehicles from parking on public roads within the community.

Chapter 720 Section 617.0830, highlighting that HOA officers and directors have a fiduciary duty to act in the associations best interests. This includes acting in good faith, with due care, and in a manner believed to be in the corporation best interest.