Florida's Homeowners’ Associations Bill of Rights

Jess

October 26, 2023 • 2:07PM

In a bid to augment the governance of Homeowners' Associations (HOAs) and promote transparency, the state of Florida has introduced a pivotal legislation named the "Homeowners’ Associations Bill of Rights." This legislation brings forth a myriad of amendments and new provisions in Florida statutes concerning HOAs. Below is a concise summary of the key points encapsulated in this document:

Meeting Notices and Agenda:

A pivotal requirement is the specific identification of agenda items in notices for board meetings.
These notices are to be conspicuously posted in the community 48 hours ahead or delivered to each member at least 7 days before the scheduled meeting.
Furthermore, an electronic notice provision via the homeowners association's website or a mobile application has been introduced, making it easier for members to stay informed.

Official Records and Addresses:

The association is now obligated to maintain designated addresses as official records.
A current roster encompassing all members along with their mailing addresses, email addresses, and parcel identifications is to be diligently maintained.

Association Funds:

The legislation prohibits the commingling of certain funds with other association funds.
Members are empowered to request an accounting from the association under specified circumstances, with a defined timeframe for the association to respond and remit any unused funds.

Civil and Criminal Penalties:

Civil penalties have been outlined for certain unscrupulous actions by officers, directors, or managers of an association.
It specifies the circumstances under which a director or an officer must vacate office after being charged by information or indictment.
Additionally, criminal penalties have been introduced for fraudulent voting activities related to association elections.

Conflict of Interest Disclosures:

Directors and officers are now required to disclose certain activities and relationships that may constitute a conflict of interest.
A rebuttable presumption of a conflict of interest is established under certain conditions.

Attorney Fees, Fines, and Suspensions:

The legislation specifies the types of violations for which an association may levy fines, and the process for levying fines and suspensions.
Members' rights in such cases have been clearly defined, including notice and hearing requirements.

New Section on Fraudulent Voting Activities:

A new section has been added to the Florida Statutes, detailing fraudulent voting activities relating to association elections and the corresponding penalties for such activities.

Effective Date:

This Act is in effect as of October 1, 2024.

This legislation is a significant stride towards providing more clarity and regulation around the operations of homeowners' associations. By enhancing transparency, accountability, and member rights within these communities, the "Homeowners’ Associations Bill of Rights" is set to foster a more harmonious and law-abiding community living experience in Florida. Read more Florida state statutes (Chapter 718.111) related to Condo website requirements.