Domineering homeowners’ associations (HOAs) will have fewer ways to pester residents with nitpicky complaints and fines under a new law going into effect next month.
Gov. Ron DeSantis signed HB 1203, which limits HOA fines and requires more transparency from the organizations.
The measure, effective July 1, mandates an HOA with more than 100 parcels must post all of its rules, covenants, budgets and other pertinent documents on its website by Jan. 1.
It must also provide notice of any scheduled meeting of its members and the agenda for the meeting at least 14 days in advance.
But the most eye-catching aspects of the legislation are what HOAs will no longer be able to do.
HOAs will be barred from:
— Banning residents from parking non-commercial, personal or work vehicles on the property. First responder vehicles are also exempted.
— Creating requirements or rules for the interior of a home that is not visible from the street, a neighbor’s property, an adjacent common area or a community golf course.
— Requiring a review and approval of plans for a central air conditioning, refrigeration, heating or ventilation system that can’t be seen from the street, a neighbor’s property, an adjacent common area or community golf course.
— Preventing homeowners from having a vegetable garden that can’t be seen from the street, a neighbor’s property, an adjacent common area or community golf course.
— Fining residents for leaving garbage cans at the curb or end of their driveway within 24 hours of a scheduled trash collection.
— Fining residents for leaving up holiday decorations or lights longer than indicated in the HOA’s governing documents without prior notice. If the association provides written notice of the violation to the homeowner, the homeowner has one week to take the decorations down.
The new law also provides that HOA managers and directors must satisfy certain educational requirements approved by the Department of Business and Professional Regulation, including 4-8 hours of yearly continued education courses.
Florida lawmakers unanimously passed HB 1203 in March. Republican Reps. Tiffany Esposito of Fort Myers, Adam Anderson of Palm Harbor and Juan Porras of Miami sponsored the bill.
During a town hall meeting last year, Porras said HOAs faced “no form of accountability,” an that needed to change.
“We’re seeing harassment of homeowners,” he said. “We’re seeing selective enforcement of bylaws and covenants.”
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