New Florida Laws to Rein in HOAs
Florida is known for warm weather, beautiful beaches, and alligators. They’re also known for HOA disputes. The Sunshine State has a plethora of homeowners associations governing condos, apartments, and homes. This means there are many rules that need to be followed, and a lot of these restrictions end up in petty arguments.
HOAs cannot always be trusted, but new laws in Florida are looking to change the way these associations operate. A bill promoted by a Republican state congresswoman was recently signed into law by Governor Ron DeSantis.
Starting July 1, there are now new curbs on the power and excesses of HOAs. HOAs are often seen as extremely picky panels of government that decide on such mundane aesthetics, such as colors, cleanliness, and maintenance.
Residents will be able to relax more. They will no longer be cited or fined for trivial transgressions, like leaving their trash cans out beyond collection day, or having lights and decorations still hanging long after the holidays have ended. In order for someone to be punished, there first needs to be 14 days’ written notice, a hearing, and appeals. In addition, anyone seeking to become an HOA board member will be required to be trained and regulated. This means not just any “Boomer” or “Karen” can sign up to represent the board.
The law also allows for criminal penalties for blocking access to official records. So the HOA can no longer dictate what they want to do and what laws they want to follow. They either need to follow state laws or face penalties. So those who are simply in it to micromanage and be a headache to homeowners will need to find another outlet.
One major example of an HOA running amok is the case with The Hammocks, a 5,500-home residential community near Miami. At least six people were arrested following an investigation that showed the HOA engaged in a massive $2 million theft scheme and raised HOA fees by a whopping 400%.
Many homeowners complain about how HOAs run things, how much they charge, and how they won’t let people inspect their records. And of course this HOA didn’t want anybody to see their records. It would have shown that they were stealing a lot of money.
But most HOA issues don’t deal with fraud or even money. In most cases, it’s all about nosy neighbors who want to exert power over others. That won’t happen anymore. The new law hopes to empower homeowners and allow for increased transparency and accountability across HOAs in Florida.
Seek Legal Help
HOAs have had way too much power in the past. Hopefully the new laws will make things fairer for homeowners.
It is important that you understand your rights as a homeowner and community member. Fort Lauderdale HOA dispute lawyer Edward J. Jennings, P.A. can help you fight against an HOA if necessary. Schedule a consultation with our office today by calling 954-764-4330 or filling out the online form.
Source:
theguardian.com/us-news/article/2024/jun/10/florida-homeowners-association-rule-changes
