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2024 Legal Update for Florida Homeowners Associations

  • Host: David Ward, Director of Business Development at AKAM Southeast. 
  • Guests:
    • Lisa A. Magill, Board Certified Condominium and Planned Development Law Fellow, College ​of Community Association Lawyers
    • Doug Weinstein, Senior Vice President of Operations at AKAM Southeast. 
  • Focus: 2024 legal updates for Homeowners Associations to keep in mind. 

Overview of New Legislation 

  1. Hurricane Protection (HB 293) 
  • HOAs must adopt hurricane protection specifications including roofs, shutters, reinforced garage doors, erosion controls, generators, and more. 

  1. 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. 

  1. Prohibited Clauses in Association Documents (HB 1645) 
  • HOAs cannot prohibit the use of public utilities, natural gas, or liquefied petroleum gas for fuel. 

  1. Marketable Record Title Act (MRTA) 
  • Submission of materials to the government within 60 days of majority vote. 
  • Ensures preservation and revitalization of governing documents. 

  1. 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. 

  1. 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.  

  1. 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. 

  1. Financial Reporting 
  • Communities with 1,000+ homes must prepare annual audits every other year. 

  1. CAM (Community Association Manager) Requirements 
  • CAMs managing HOAs need five 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. 

  1. Architectural Control Changes 
  • HOAs cannot regulate interior changes not visible from the outside. 
  • Detailed guidelines for approving or denying exterior changes. 

  1. 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. 

  1. 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. It’s important for HOA leaders and CAMs to stay updated. 
  • Participation in educational sessions like this is crucial for understanding responsibilities and complying with new legislation. 
  • Criminal penalties can be enacted for voter fraud, interference, and records manipulation. 
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