● Require directors and officers of an association, including a developer-controlled association, to disclose specified activities that may pose a conflict of interest. ● Clarify that a developer’s appointment of an officer or director does not create a presumption that the officer or director has a conflict of interest regarding the performance of their official duties. ● Revise the notice requirements for imposing and collecting fines, including providing members notice of how to cure a violation, if applicable. ● Provide criminal prohibitions related to fraudulent voting activities that are punishable as first-degree misdemeanors, including preventing members from voting, and menacing, threatening, or using bribery to directly or indirectly influence or deter a member from voting.
● Provide that an officer, director, or manager who accepts kickbacks is subject to monetary damages under F.S. 617.0834 relating to the conditions imposing civil liability on the officers and directors of corporations and associations not for profit. ● Provide that an officer or director must be removed from office, and their access to official records denied, if charged with the crimes of forgery of a ballot envelope or voting certificate used in a homeowners’ association election, theft or embezzlement of association funds, destruction of or refusing to allow inspection of association records, if such records are accessible by association members, in furtherance of any crime; or obstruction of justice.
Property Owners’ Rights to Install, Display, and Store Items [Chapter 2023-64, HB 437, July 1, 2023] Summary An act relating to property owners’ right to install, display, and store items; amending F.S. 720.304, authorizing homeowners to display a certain number of specified flags regardless of certain prohibitions in the governing documents of the homeowners to display a certain number of specified flags regardless of certain prohibitions in the governing documents of the homeowners’ association; defining the term “first responder flat”; creating F.S. 720.3045, prohibiting homeowners’ associations from restricting parcel owners and their tenants from installing, displaying, or storing items on parcels under certain circumstances; providing exceptions; amending F.S. 720.3075 prohibiting certain homeowners’ association documents from precluding property owners from displaying a certain number of specified flags; requiring that such flags be displayed in a specified manner. Flags that may be Displayed on an HOA Member’s Parcel This bill amended F.S. 720.304 to expand the types/kinds of flags that may be displayed on a member’s parcel in a homeowners’ association. 720.304 Right of owners to peaceably assemble; display of fla gs; SLAPP suits prohibited. — (2) -- (a) If any covenant, restriction, by law, rule, or requirement of an association prohibits a homeowner from
nurses as those terms are defined in 464.003. g. Persons participating in a statewide urban
search and rescue program developed by the Division of Emergency Management under 252.35 h. Federal law enforcement officers as defined in 18 U.S.C. s. 115(c)(1). (b) Regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, a homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property as long as the flagpole does not obstruct sightlines at intersections and is not erected or upon an easement. The homeowner may further display in a respectful manner from that flagpole, one official United States flag, not larger than 4 ½ feet by 6 feet, and may additionally display one other flag permitted under paragraph(a) . Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents. Storage and Display - F.S. 720.3045 This bill prohibits an HOA from restricting members or their tenants from installing, storing, or displaying personal property on a member’s parcel under certain circumstances. The Homeowners’ Association Act F.S. 720.3045 was created to read: 720.3045 Installation, display, and storage of items. — Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles. Flags – F.S. 720.3075(3) Section (3) was amended to clarify the number of flags that may be displayed on a member’s parcel in a homeowners’ association. Clarifying that flags must be displayed in a respectful manner. Section (3) was amended to read: 720.3075 Prohibited clauses in association documents. — (3) Homeowners’ association documents,
displaying flags permitted under this paragraph, the homeowner may still display in a respectful manner up to two of the following portable, removable flags not larger than 4 ½ feet by 6 feet: 1. The United States flag. 2. The official flag of the State of Florida. 3. A flag that represents the U.S. Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard. 4. A POW-MIA flag. 5. A first responder A first responder flag may incorporate the design of any other flag permitted under this paragraph to form a combined flag. For purposes of this subsection, the term “first responder flag” means a flag that recognizes and honors the service of any of the following: a. Law enforcement officers as defined in 943.10 (1). b. Firefighters as defined in 1 12.191(1). c. Paramedics or emergency medical technicians in 112.1911(1). d. Correctional officers as defined in 943.10(2). e. 911 public safety telecommunicators as defined in s. 401.465(1). f. Advanced practice registered nurses, licensed practical nurses, or registered as those terms are defined
including declarations of covenants, articles of incorporation, or bylaws, may not preclude the display of up to two portable, removable flags as
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