Florida House Bill 1203 (2024) introduces comprehensive regulations for homeowner associations (HOAs) with the aim of increasing transparency and accountability.
Below is a summary of seven key points of this new Florida law that goes into effect on July 1, 2024.
1. Document Posting Requirements: HOAs must post certain documents (ex. governing documents, meeting minutes) on their association’s website or make the documents available through an application by a specified date. This ensures that community members have easy and consistent access to important association information in an effort to promote transparency and participation in the association’s activities.
2. Criminal Penalties for Kickbacks: This new Florida law establishes criminal penalties for HOA officers, directors, and property managers who accept kickbacks. This provision is aimed at reducing corruption and promoting ethical management within community associations, ensuring that decisions are made in the best interest of the community without personal gain.
3. Manager and Management Firm Requirements: Florida community association managers and management firms must meet specific continuing education requirements and adhere to professional standards. This ensures that those managing HOAs are qualified and competent, ultimately protecting the interests of the community associations they serve.
4. Meeting Transparency: This new Florida law mandates more stringent rules for the conduct of HOA meetings, requiring proper notice to members and making it easier for members to attend and participate in these meetings.
5. Member Rights, Voting, and Fraud Prevention: The law includes provisions to protect the rights of HOA members, including the right to vote in elections and on other important community association matters. Specific measures are included to prevent fraudulent voting activities including secure voting procedures and penalties for fraudulent actions.
6. Financial Accountability: The law enhances financial accountability by requiring detailed financial reporting, ensuring that Florida community association members can trust the financial health and transparency of their HOA. Regular audits are also mandated to verify the accuracy and integrity of financial statements.
7. Architectural and Aesthetic Guidelines: Florida HOAs must follow clear guidelines regarding architectural control and aesthetic standards. These guidelines must be enforced uniformly without discrimination or favoritism in an effort to promote fairness and maintain the HOAs desired aesthetic.
You can read about HB 1021 here: https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=79868
Legal Resource
If you are Florida condominium board member, property manager, or community association leader with questions about these recent legislative updates, do not hesitate to contact our law firm.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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