The AKAM webinar on new legislation covered several updates affecting HOAs. Key changes include mandatory hurricane protection specifications, requirements for distributing rules and covenants to owners by October 1, 2024, and prohibitions on restricting the use of certain fuels. HOAs must also comply with new recordkeeping, website requirements, and educational mandates for board members and Community Association Managers (CAMs). Additionally, the legislation addresses limitations on architectural control, parking restrictions, and procedural requirements for imposing fines, highlighting the need for HOA leaders to stay informed and participate in ongoing education.
2024 Legal Update For Florida HOAs
- Host: David Ward, Director of Business Development at AKAM Southeast.
- Guests: Lisa Magill, board-certified attorney specializing in condominium and planned development law, and Doug Weinstein, Senior VP of Operations at AKAM Southeast.
- Focus: 2024 legal updates for Florida HOA statute 720.
Overview of New Legislation
- Hurricane Protection (HB 293)
- HOAs must adopt hurricane protection specifications including roofs, shutters, reinforced garage doors, erosion controls, generators, and more.
- HOA Rules and Covenants (HB 59)
- HOAs must distribute all rules and covenants to owners by October 1, 2024.
- Obligates HOAs to furnish documents to buyers, shifting responsibility from sellers to associations.
- Prohibited Clauses in Association Documents (HB 1645)
- HOAs cannot prohibit the use of public utilities, natural gas, or liquefied petroleum gas for fuel.
- Marketable Record Title Act (MRTA)
- Submission of materials to the government within 60 days of majority vote.
- Ensures preservation and revitalization of governing documents.
- Mandatory Education (HB 123)
- Initial education certificate is required for HOA board members.
- Annual education: 4 hours for communities with fewer than 2,500 parcels; 8 hours for those with more.
- Fiduciary Duties
- HOA board members must act in good faith, with the care of a reasonably prudent person, and in the best interest of the corporation.
- Recordkeeping and Websites
- HOAs with 100+ parcels must have a website by January 1, 2025.
- Posting of official records online to ease access and transparency.
- Financial Reporting
- Communities with 1,000+ homes must prepare annual audits every other year.
- CAM (Community Association Manager) Requirements
- CAMs managing HOAs need 5 hours of HOA-specific education every two years.
- Must attend one in-person meeting annually and provide owners with contact info of the responsible CAM.
- Architectural Control Changes
- HOAs cannot regulate interior changes not visible from the outside.
- Detailed guidelines for approving or denying exterior changes.
- Parking Restrictions
- HOAs cannot prohibit owners from parking personal or work vehicles, first responder vehicles, and street-legal motorcycles, mopeds, or golf carts on their parcels.
- Finding Procedures
- Written notice is required before imposing fines for violations.
- Mandatory hearings within 90 days of notice of intent to fine.
Conclusion
- Laws change annually; important for HOA leaders and CAMs to stay updated.
- Participation in educational sessions like this is crucial for fulfilling responsibilities.
- Criminal penalties for voter fraud, interference, and records manipulation.
- Encouragement for volunteers to serve on HOA boards due to their importance in maintaining community standards.
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