HOAs in Florida: What Are Your Rights?
More than 75 million Americans live in communities with homeowner associations (HOAs). An HOA requires homeowners to pay monthly fees and follow various rules.
HOAs typically maintain common areas (like parks, pools, and landscaping), establish guidelines for property appearance (like lawn care or exterior paint colors), and collect fees from homeowners to cover expenses. HOAs also help preserve property values by ensuring the community stays well-maintained. Homeowners automatically become members when they buy property in an HOA-governed area.
HOAs have a lot of power. They can do the following:
- Enforce rules.HOAs can fine homeowners for violations, like not mowing the lawn, putting up unapproved fences, or painting a house an unapproved color.
- Charge fees. They set mandatory dues to fund things like landscaping, amenities, and maintenance.
- Approve or deny changes. Want to build a deck, add solar panels, or put up a shed? Many HOAs require approval first.
- Take legal action. If you break the rules or refuse to pay fees, HOAs can sue you or even start foreclosure proceedings.
Many homeowners pay between $200 and $300 per month on HOA fees. It is estimated that 45% of Florida’s homes are in homeowners’ associations.
Florida is known for HOA disputes. However, the state now has new HOA laws, so it’s important for residents to understand their legal rights.
HOA boards used to be able to fine members for not complying with their rules. However, this changed after the leaders of an HOA in Miami were accused of $2 million in theft and fraud.
This led Florida lawmakers to approve a bill called the Homeowners’ Association Bill of Rights.
Under this bill, HOA members in Florida can’t be fined or suspended by violating the association’s bylaws or rules unless they receive a two-week notice first.
The HOA bill also does the following:
- Requires all notices for HOA board meetings to identify each agenda item for each meeting.
- Allows an HOA member to elect to receive required notices by email.
- Allows members to request an accounting of what they paid and require the association to return any unused funds within a month.
- Revises the notice requirements for collecting fines.
- Gives HOA members instructions on how to fix a violation.
- Makes it a first-degree misdemeanor for an HOA board to prevent members from voting through the use of threats and bribes.
As of July 1, 2024, HOAs are also prohibited from banning common-sense parking and fining residents for leaving garbage cans out on trash day. They also cannot create rules for the inside of homes or backyards that cannot be seen from the street.
Seek Legal Help
HOAs can be annoying. For some homeowners, they can lead to nasty disputes.
Fort Lauderdale HOA dispute lawyer Edward J. Jennings, P.A. can help resolve your disagreement quickly. We can help you understand your options. Schedule a consultation today by calling 954-764-4330 or filling out the online form.
Source:
tcpalm.com/story/news/2024/07/19/florida-homeowners-associations-hoa-laws-unenforcable-rules-regulations/74437493007/
