PART 2: LAWS PASSED IN 2024
Impact of laws enacted as of July 2024 Important legislative changes and enactments affecting community associations, licensed community association managers, and management firms, specifically focused on HOAs were chapters 2024-205 (HB 293), 2024-221 (HB 1203), and 2024-202 (HB 59). Here is a summary of their impact on homeowners’ associations: Prohibits ● An HOA may not prohibit parcel owners from installing hurricane protection; however, the association could set specifications for the color and style of the protection. ● Fraudulent voting activities in HOAs are specified as a first degree misdemeanor. ● Prohibits HOA officers, directors, employees, and agents from using a debit card issued in the name of the association, unless properly preapproved by the board and reflected in the meeting minutes or the budget. ● Violation fining for leaving garbage receptacles out less than 24 hours before/after pick-up; for leaving holiday decorations/lights up longer than indicated by the association; for personal vehicle, including pickup trucks parked on owner’s driveway or in any other area where they have the right to park. Requires ● A CAM or management firm to attend at least one member or board meeting annually. ● Provide association members information about management, including contact person, contact information, and times of availability. ● An HOA licensed CAM to complete at least five hours of continuing education that pertains to HOAs and three hours about record keeping. ● As of January 1, 2026, an HOA with 100 or more parcels, must maintain a digital copy of specified official records on its website or through an application on a mobile device. ● HOAs with 1,000 or more parcels to have an audited financial statement annually. May not reduce the level of report for consecutive years. ● Requires association to provide detailed accounting to a parcel owner within 15 days of request. ● Education for newly elected and appointed directors; and includes that for an association with fewer than 2,500 parcels – four hours of continuing education and for an association with 2,500 or more parcels, eight hours. ● An association or its architectural committee provide details of a denied request and reference to the specific basis/rule for the denial. ● Requires fine hearing to be held within 90 days of notice. Allows hearing to be conducted electronically. ● Allows HOA members right to consent to electronic voting by using electronic means of consent. ● Required a physical or digital copy of association’s rules and covenants be provided to every association member before October 1, 2024; and subsequently to all new members. Specifically focused on condominiums and cooperatives were chapters 2024-108 (HB 1029) and 2024-244 (HB 1021). Here is a summary of their impact: ● Creates the My Safe Florida Condominium Pilot Program (Program) within the Department of Financial Services (DFS), to provide hurricane mitigation inspections and hurricane mitigation grants to eligible condominium associations.
● Added that milestone inspections did not apply to single-, two-, three-, and four-family dwellings with three or fewer habitable stories above ground. ● The declaration of condominium must contain the name by which the condominium property shall include the word “condominium” or be followed by the words “a condominium.” ● If the association has provided the opportunity for membership to vote electronically, the association cannot refuse such request; and the law was clarified to provide that an owner may consent to using online voting by email. ● Kickbacks: An officer, director, or manager who knowingly solicits offers to accept, or accepts, a kickback, commits a felony of the third degree and must be removed from office and a vacancy declared. ● If the Division receives a complaint that the association does not maintain proper insurance or fidelity bonding, the Division must monitor the association for compliance and may issue fines and penalties. ● Added a number of requirements regarding access to the official records of a condominium association. ● Condominiums must have a website as of January 1, 2026. Pertains to associations managing a condominium with 25 or more units. ● Condominiums: A person who uses a debit card that is issued in the name of the association for an expense that is not a lawful obligation of the association, commits theft and is punishable under the criminal statutes based upon the amount of money expended. ● The membership can vote to obtain a lesser financial report than otherwise required by law; however, it may not do so in consecutive fiscal years. ● A residential condominium association with more than 10 units must meet at least once each quarter. At least four times a year, the meeting agenda must include an opportunity for members to ask the board questions. The right to speak includes the right to ask questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium. ● Suspending voting rights: At least 90 days before an election, an association must notify a unit owner or member that their voting rights may be suspended due to nonpayment of a fee or other monetary obligation. ● Provides that if the condominium or cooperative board authorizes online voting, the board must honor a unit owner’s request to vote electronically at all subsequent elections, unless the unit owner opts out. ● Allows condominium and cooperative owners to consent to electronic voting in elections by using an electronic means of consent. ● Provides a uniform procedure for approval of hurricane protection; and provides that unit owners are not responsible for the cost of removal and reinstallation of hurricane protection if the removal is necessary to repair condominium property. ● Construction defect claims are limited to seven years from turnover instead of seven years from the date of the certificate of occupancy. ● The secretary to the Department of Professional Regulations (DBPR) appoints the ombudsman. ● A person who is delinquent in the payment of any assessment is not eligible to be a candidate for condominium board membership.
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Book Code: CAMFL1526
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