Florida condominium, homeowner (HOA) and townhome community associations must navigate an evolving legal landscape. Here are the latest updates and their implications for board members, property mangers, and community leaders in 2025.
Corporate Transparency Act (CTA)
The Corporate Transparency Act requires businesses, including community associations, to disclose ownership information to the Financial Crimes Enforcement Network (FinCEN).
- Who must file: Beneficial owners, including all board members and individuals owning 25% or more of the entity.
- What to file: Legal name, residential address, date of birth, and a government-issued ID.
- Deadlines and legal developments: The initial compliance deadline has been extended multiple times, and a late December 2024 court injunction has paused mandatory reporting. However, voluntary filings are encouraged to avoid future delays.
- Board members are advised to stay updated on legal developments and consult with their association’s legal counsel to ensure compliance.
- Read more here: Corporate Transparency Act Legal Whiplash: What Community Association Board Members Need to Know
Florida Senate Bills 4-D and 154: Milestone Inspections and Reserve Studies
Prompted by the Surfside condominium collapse, these laws address safety in multi-story buildings.
- Applicability: Condominium and cooperative buildings over 30 years old (or 25 years if near saltwater).
- Requirements:
- Milestone Inspections: Structural assessments by licensed engineers or architects.
- Structural Integrity Reserve Studies (SIRS): Mandatory updates by December 31, 2024, covering key components like roofs, plumbing, and fire protection systems.
- Read more here: Florida’s New Condominium and Co-Op Laws: What You Need to Know About Milestone Inspections and Reserve Studies
Florida House Bill 59: HOA Transparency
Effective July 1, 2024, this bill emphasizes transparency in homeowners’ association (HOA) governance.
- Requirements:
- Provide digital or printed copies of rules and covenants to all members.
- Post governing documents online and notify members of availability via email or postal mail.
- Goal: Ensure easy access to community rules and amendments.
- Read more here: New Florida Community Association Law: Rules, Notices, HOA Websites & More
Florida House Bill 293: Hurricane Protections
This law mandates HOA standards for hurricane protection products, effective May 28, 2024.
- Standards: Must align with Florida building codes and specify details like color and style.
- Key Provisions:
- Associations cannot deny homeowner applications for compliant upgrades.
- Uniform guidelines enhance safety and resilience statewide.
- Read more here: New Law Impacting Hurricane Protections for Florida HOAs
Florida House Bill 1203: Accountability and Member Rights
Starting July 1, 2024, this law enforces several transparency and accountability measures for HOAs.
- Document Posting: Associations must post meeting minutes and governing documents online.
- Criminal Penalties: Introduced for kickbacks and financial mismanagement.
- Member Rights: Protects voting rights and prevents fraudulent activities.
- Architectural Guidelines: Uniform enforcement without favoritism.
- Read more here: Florida House Bill 1203: Major Changes for Homeowner Associations Starting July 2024
Florida House Bill 1021: Condominium Governance
This bill enhances governance standards for condominiums effective July 1, 2024.
- Education: Mandatory training on financial literacy, inspections, and legal updates for board members.
- Conflict of Interest: Stricter disclosure requirements for directors and managers.
- Website Requirements: Condo associations with 25+ units must provide digital access to specific documents.
- Read more here: Updates to Florida Condominium Association Law: Legal Requirements, Criminal Penalties, and more
Continuing Education for Board Members
- Florida HOA and condo board members must meet revised education requirements, including training on recordkeeping, financial transparency, and legal updates. Regular training ensures directors fulfill their fiduciary responsibilities effectively.
- Read more here: New Continuing Education Requirements for Florida Community Association Board Members Effective July 2024
Legal Resource
If you are 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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