TALLAHASSEE, Fla. — Beginning on July 1, Florida homeowners associations will need to adhere to a handful of new rules and regulations.
Call them a blessing, or call them a curse, but many people in Florida have a property under HOA oversight.
But lawmakers have made efforts to crack down on HOAs. In Central Florida, some communities have alleged abuse and misconduct by their HOA boards.
Under House Bill 1203, HOAs overseeing more than 100 parcels of land will be required to disclose a variety of documents on their websites or on another web app, including the HOA covenants, rules, annual budget, contracts regarding a possible conflict of interest, and a variety of others. This specific requirement will not be enforced until Jan. 1, 2025.
Also in the law, HOAs will not be allowed to use a debit card issued in the name of the association for the payment of association expenses. While debit card use is illegal as aforementioned, it also states that if a debit issued in the name of the association is used for expenses which aren’t a legal obligation of the HOA, the person could face a theft charge.
“There are several parts of the new house bill that have a criminal component, or a criminal penalty rather, for non-compliance,” said Michele Diglio-Benkiran, an attorney with Legal Counsel P.A.
The law also requires HOA directors to commit to continuing education each year: four hours annually for directors of smaller communities, and eight hours annually for directors of larger communities.
“I think the House bill is a lot more homeowner-friendly, and I’m in agreement with it because I think there was a lot of abuses with this, and a lot of things done because of lack of education,” said Diglio-Benkiran.
Diglio-Benkiran’s brother is president of his local HOA and has his own thoughts.
“We have a big meeting coming up next week before the laws go into effect to let us know how this is going to affect us,” said Cress Diglio, who is president of the Legends Golf and Country Club Home Owners Association.
One portion of the bill that residents may want to know about is regarding where they can park their cars. Currently, some HOAs place time limits on how long a car can be parked outside, or if it’s allowed to be parked in a driveway.
Under HB 1203, HOAs can not restrict tenants, owners, or guests from parking in their driveway, or areas where they otherwise legally have the right to park such as the street. This also applies to work cars which are not commercial vehicles.
The law also states that HOAs can not restrict an owner from hiring a contractor solely because the contractor is not a preferred vendor of the HOA.
In total, HB 1203 is 44 pages long, and it will be up to HOA boards to ensure they are following the law.
“We have to make sure, and we’re relying through our management company, that we’re going to be in compliance,” said Diglio. “And that could mean changing all our documents that say we’re allowed to do something, but now we’re not.”
Diglio said that while his HOA works in coordination with a management company, associations without one could face hurdles while they try to learn and interpret the new law.
“What I really fear with all these changes for some of these associations is the exodus of the people who want to run for the board or are running for the board, because they don’t want to be liable when something goes wrong,” he said.
The new law goes into effect on July 1, 2024.