House Bill 1203, signed into law on May 31, 2024 and effective July 1, 2024, introduces significant changes for homeowners’ associations (HOAs) in Florida. Here are the key updates that residents and association members need to be aware of.
Key Points:
Community Association Managers (CAM) Requirements:
- CAMs or CAM firms contracted by an HOA must attend at least one member or board meeting annually in person.
- Must provide members with the name, contact information, hours of availability, and summary of duties for each assigned CAM or representative.
- This information must be posted on the HOA’s website or app, and updated within 14 business days of any changes.
- CAMs must provide a copy of their contract with the HOA upon a member’s request.
- Complete at least 10 hours of continuing education annually, and complete at least five hours of continuing education biennially that pertains to homeowners’ associations.
Director Education and Standards:
- Newly elected/appointed directors must complete an educational curriculum on financial literacy, recordkeeping, fines, and meeting requirements within 90 days.
- Directors in HOAs with fewer than 2,500 parcels must complete 4 hours of continuing education annually, while those in larger HOAs must complete 8 hours.
Official Records and Website Requirements:
- HOAs must maintain official records for at least 7 years, unless governing documents require a longer period.
- By January 1, 2025, HOAs with 100 or more parcels must post digital copies of official records, governing documents, meeting notices, agendas, and documents to be voted on their website or app.
- The website/app must have a password-protected section accessible only to owners and employees.
Fines and Suspensions:
- HOAs cannot issue fines or suspensions for leaving garbage receptacles at the curb less than 24 hours before/after the designated collection time.
- Fines cannot be levied for leaving holiday decorations up for more than one week after written notice of violation.
Vegetable Gardens Permitted:
- Homeowners Associations (HOAs) are now prohibited from disallowing vegetable gardens on any part of a property, provided the garden is not visible from any street or common area. This progressive change empowers residents to cultivate their own produce, while simultaneously preserving the aesthetic appeal of the community.
- More information on Vegetable Gardening in Central Florida!
This summary covers the major changes, but residents and association members should review the full bill text and consult with legal counsel for a comprehensive understanding of the new requirements and their implications.
References:
- HB 1203: Lots of new protections for members living in HOA’s makes it harder for CAM’s
- Florida Governor Signs House Bill 1203
- Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers
- Legislation Affecting Florida HOA’s – HB 1203
- The Complete 2024 Legislative Guide Affecting Florida’s Community Associations
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