In Canada we call them Condominium Association Rules. In the United States and Florida they are called Homeowner Association Rules ( HOA ). In both countries these rules are primarily established by a private association – like entity. They are usually incorporated and are subject to statutes that govern non – profit corporations. In some associations, homeowners can elect a board of directors who oversee the required day to day business of operating the condo property as well as enforce community rules.
Even though HOA’s were created to maintain standards and uniformity in the community (whether it be a condominium building or a gated community), the members that operate them can sometimes be too militant in their approach to their duties, often overreaching and abusing their authority, leading to complaints from unhappy homeowners. As a result, a new bill signed in June, 2024 by Gov. Ron DeSantis may change all that when it comes into effect.
Under the new state law, HOA’s and their administrators will be restricted from having the ability to abuse their duties and casually hand out fines, especially pertaining to some of the most complained about issues from homeowners. The new law will require HOA’s to become more transparent as well. This law follows another law that forces HOA’s to allow homeowners the right to choose how to improve their homes against hurricanes.
Historically, there has been a long list of problems and complaints from homeowners in regards to HOA’S in Florida. Compared to the condo association system in Canada, the homeowners associations system in Florida has lagged behind especially when it comes to accountability and oversight. Problems with transparency and the allocation of maintenance fees paid by the homeowners were recently addressed and significant improvements to the rules regarding reserve funds have been implemented. * See previous article titled The Milestone Inspection.
Some of the main issues addressed by the new bill:
- The selective enforcement of rules for some residents, but not all
- Banning contractors or workers from the homeowner’s property
- Fining residents for leaving up holiday lights and decorations past the HOA rules without prior notice
- Creating and implementing rules for the interior of a structure that isn’t visible form the exterior or street or a neighbours property or common area.
- Banning vegetable gardens or clothesline if they are not visible from the street, neighbours property or common areas
- Require review and approval of plans for central air conditioning, refrigeration, heating or ventilation if it isn’t visible from the street, neighbours property or common areas
- Banning homeowners and their invited guests from parking personal, business or first responder vehicles that are not commercial vehicles in their driveways or any other area where they have a right to park
- If construction or improvements requests are denied, then the HOA’s will have to provide the specific reasons stated in writing
