JACKSONVILLE, Fla. — A new state law will soon limit what kind of restrictions homeowners’ associations can impose on the neighborhoods they govern.
From increased financial transparency for HOAs to anti-corruption penalties for association leadership, the 44-page law covers a lot of ground - but most important to homeowners, are the new limits on the reasons HOAs can fine you.
Nearly half of all Floridians live in communities subject to a homeowners’ association.
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They’re intended to help collect dues for common areas and maintain uniform standards in a neighborhood, but State Representative Kimberly Daniels (D-Jacksonville) argued sometimes their rules, restrictions, and fines can get out of hand.
“Because over the years there has been no relief for homeowners and it’s just been a one-sided situation,” Daniels said.
It’s why Daniels co-sponsored the new state law signed by Governor Ron DeSantis last week that seeks to limit when HOAs can fine their residents.
The bill prohibits HOAs from imposing fines for trash cans left out by the street within 24 hours of trash collection and requires them to issue a written warning and wait at least a week before fining a homeowner for failing to take down holiday decorations.
HOAs will also no longer be able to restrict homeowners’ ability to park their work vehicles at their homes, nor can they limit a homeowner’s HVAC system, garden, or clothesline, so long as they’re not visible from the front of the home, side yard, or community golf course.
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“So that not only that they won’t feel oppressed, but also that their houses and their properties will feel more like home,” Daniels said.
But Daniels argued most importantly, the new law prohibits HOAs from applying compound interest to late fines and fees, which she noted can get so out of hand, and people have lost their homes due to the practice.
“The HOAs have got to be happier when their homeowners are not losing their homes because they’re nonprofit organizations and what nonprofit organization or charitable organization would make people homeless?” Daniels said.
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Additionally, the law requires HOAs with 100 or more homes to publish their records online by January 2025.
“In tandem, strict penalties are now in place for HOA officers, directors, or managers who accept kickbacks, which is a crucial step towards eliminating corruption. Financial accountability is also enhanced, as HOAs with 1,000 or more parcels are now required to prepare audited financial statements, ensuring greater transparency,” State Representative Adam Anderson (R-Tarpon Springs) who also co-sponsored the legislation said.
The law officially takes effect on July 1.
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