Florida Governor Ron DeSantis has enacted a comprehensive bill aimed at reforming regulations governing homeowners associations (HOAs) throughout the state. The new law, known as HB 1203, is designed to curtail excessive fines and enhance transparency within these community organizations. The legislation, which received unanimous approval from the Florida legislature in March, will take effect on July 1, 2024.
One key provision of the bill is the restriction on fines imposed by HOAs. Under the new law, HOAs are prohibited from fining residents for leaving out trash cans within 24 hours before or after the designated collection day. This change addresses a common grievance among homeowners who have been penalized for minor infractions related to waste management schedules.
Additionally, the bill stipulates that residents cannot be fined for leaving holiday decorations up for longer than the period specified in the governing documents unless the decorations remain up more than one week after a written notice has been issued.
The bill also tackles issues related to vehicle parking, a frequent source of tension between HOAs and residents. It explicitly allows homeowners to park personal vehicles, including pickup trucks and non-commercial work vehicles, on their property. This provision also extends to first responder vehicles, ensuring that law enforcement and other emergency personnel can park their assigned vehicles without facing HOA-imposed restrictions. This aspect of the legislation aims to support community members who serve in critical public safety roles.
Furthermore, the new law seeks to limit HOAs’ authority over homes’ interiors. Specifically, it prevents associations from setting requirements or rules for aspects of a home’s interior that are not visible from the outside or a neighboring property. This provision is designed to protect homeowners’ privacy and autonomy within their residences, reducing the potential for intrusive regulations.
To promote greater transparency, the law mandates that HOAs with more than 100 parcels must post certain documents online by January 1, 2025. These documents include the association’s articles of incorporation, recorded bylaws, declaration of covenants, current rules, annual budgets, and other relevant documents. By making these records readily accessible, the bill aims to foster a more open and accountable governance structure within HOAs, allowing residents to stay informed about the rules and financial status of their communities.
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Governor DeSantis’ signing of this bill represents a significant shift in the balance of power between homeowners and HOAs in Florida. By limiting the scope of fines, protecting residents’ rights to park their vehicles, and enhancing transparency, the legislation addresses several long-standing concerns among Florida homeowners. This move is part of a broader effort by the DeSantis administration to ensure fair and equitable treatment of residents within community associations, reflecting a commitment to upholding property rights and individual freedoms.
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