HOA board and association members will be interested in learning the specifics of the statutory requirements imposed by the passage of three Florida HOA bills signed into law by Governor Ron DeSantis in the final week of May 2024. Collectively, these three bills bring significant changes to the rights and responsibilities of the HOA board and association members. In the following summary, we break down the key provisions of each of the three new laws. HB 59 : Provision of Homeowners Association Rules and Covenants This law requires HOAs to provide each member a physical or digital copy of their rules and covenants by October 1, 2024, and to all new members in the future. Additionally, HOAs must provide updates whenever their rules change. This promotes transparency and ensures homeowners know the community’s regulations. The specific language of the bill is as follows. “Provision Of Homeowners’ Association Rules and Covenants: Requires association to provide copies of association’s rules & covenants to every member before specified date, & every new member thereafter; requires association to provide members with copy of updated rules & covenants; authorizes association to adopt rules relating to standards & manner in which such copies are distributed; authorizes association to post complete copy of association’s rules & covenants, or direct link thereto, on homepage of association’s website; requires association to provide specified notice to its members.” HOA Boards should consider developing a distribution plan for their Declarations of Covenants, Conditions, and Restrictions (CC&Rs). Consider resident preferences (digital vs. physical copies) and explore cost-effective delivery options. Update your website or create a communication channel to inform residents about the availability of CC&Rs. HB 293 : Hurricane Protections for HOAs This law enhances hurricane preparedness for Florida communities. It mandates that HOAs establish hurricane protection specifications for each structure they govern, including color and style. Importantly, HOAs cannot deny applications to install or replace hurricane protection products (roof systems, shutters, windows, etc.) that comply with these specifications. This empowers homeowners to improve their property’s resilience while maintaining a cohesive community aesthetic. The specific language of the bill is as follows. “Hurricane Protections for Homeowners’ Associations; Requires board or committee of homeowners’ association to adopt hurricane protection specifications; requires such specifications conform to applicable building codes; prohibits board or committee of association from denying application for installation, enhancement, or replacement of certain hurricane protection; authorizes requirement to adhere to certain guidelines regarding external appearance of structure or improvement on parcel.” https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-300x169.jpg.webp 300w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-768x432.jpg.webp 768w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-1536x864.jpg.webp 1536w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2.jpg.webp 1920w" type="image/webp" sizes="(max-width: 407px) 100vw, 407px" style="box-sizing: border-box;" /> https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-300x169.jpg 300w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-768x432.jpg 768w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2-1536x864.jpg 1536w, https://www.rockawayinc.com/wp-content/uploads/2024/02/Tifton_Cove-012424_-25-2.jpg 1920w" alt="HOA landscaping partner" width="407" height="229" style="box-sizing: border-box; font: inherit; padding: 0px; border: 0px; margin: 0px; vertical-align: middle; max-width: 100%; height: auto;" decoding="async" data-uw-rm-alt-original="HOA landscaping partner" /> HOA boards should consider reviewing current hurricane protection guidelines to ensure compliance with the new law. At upcoming board meetings, consider discussing acceptable hurricane protection products. Consider factors like architectural consistency and community safety while ensuring compliance with HB 293. Communicate the newly established specifications to all residents through various channels (website, newsletter, email). HB 1203 : Homeowners Associations HB 1203 introduces new regulations regarding HOA board education, recordkeeping, HOA member rights, and the practice of the community association managers who manage those communities. -Digital Record Keeping: HOAs must store essential documents digitally and make them accessible to homeowners online or through a mobile app. This applies to associations with 100 or more units starting in 2026 . -Law Enforcement Cooperation: If law enforcement needs information from your HOA, they must cooperate and provide it within five days. -Financial Transparency & Accountability: Larger HOAs (with 1,000+ units) must have their finances audited to ensure everything is above board. Homeowners can request a detailed breakdown of any fees they owe the HOA. If the HOA delays this information for more than 15 days, they can’t fine you for overdue payments unless they previously notified you about them. -HOA Board Educational Requirements: HOA board members must take educational courses to understand their roles and responsibilities better. -Enforcement: HOAs will have to follow stricter guidelines when enforcing rules. This includes providing written notice of violations and allowing things like vegetable gardens in certain areas. Minor infractions, like misplaced trash cans or holiday decorations left up a bit too long, won’t be subject to fines anymore. -Digital Voting: HOAs can now offer electronic voting, but only if members agree to it electronically. -Interest on Fees: HOAs can only charge simple interest on any unpaid fees or assessments, not compounded interest.

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