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LEGAL CORNER with ANDREW PINEIRO, Esq.
On July 1, 2024, House Bill 1203 took effect. Homeowners’ associations are governed by Florida Statues Chapter 720 (conversely, Condominium Associations are governed by Chapter 718). This law supplements other community association legislation from the 2023 Session. Among other things, this law provides:
• Minimum required attendance for a community association manager at HOA member meetings or board meetings;
• A mandate to make available identity and contact information regarding each community association manager servicing the HOA;
• Access to a copy of the community association management contract;
• Continuing education requirements for the renewal of a community association management license;
• Mandatory retention period for specified items within the HOA’s official records;
• Effective Jan. 2, 2025, for HOAs with at least 100 parcels, certain documents must be posted on the HOA’s website or made available via an app downloadable to a mobile device;
• Consequences for the criminal misconduct of board members or community association managers;
• Provisions relating to the required response by an HOA to service of a subpoena for the production of records by a law enforcement agency;
• Requirement for audited financial statements by HOAs with at least 1,000 parcels; • Provisions involving misuse of HOA debit cards;
• Terms governing the right of a parcel owner to a detailed accounting of any amounts owed to the HOA;
• Community Association management education for newly elected directors; • Limits placed on the HOA’s proper content and enforcement of its architectural or construction improvement standards contained in the governing documents;
• Provisions governing the imposition and enforcement of fines and suspensions levied by the HOA for violations of the governing documents;
• Criminal consequences related to fraud in the context of association elections; • An amendment to Sec. 720.3085(3), F.S., to prohibit compound interest from accruing on unpaid or untimely-paid assessments;
• Granting a first responder who is also a parcel owner within the HOA the right to park their assigned first responder vehicle in their own rightful parking area or on a public right of way.
The summary above is a very abbreviated snapshot of House Bill 1203. If you have any questions regarding how this legislation may affect you, contact a real estate or association law lawyer to better understand your rights and/or obligations under the statutes.
Andrew Pineiro, Esq., Pineiro Byrd PLLC,
4600 Military Trail, Suite 212, Jupiter, Florida 33458, apineiro@pblawfla.com.
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