New law targets domineering HOAs, requires transparency from board members
MIAMI - A new law that limits homeowner association fines was signed by Governor Ron DeSantis will go into effect July 1st.
"I am glad they are setting up new rules," said The Hammocks resident Rosivette De Jesus.
She said while she's happy about the law, she still has serious doubts.
"Who is going to enforce it?" asked De Jesus.
State Representative Juan Carlos Porras was one of the sponsors of the bill that became law.
"Now if you are a member of a board, you have to do four to eight hours a year in training," said Porras.
"We enacted felony charges for kickbacks for members of these associations that receive these monetary gains from being in charge of their associations," he added.
Back in 2022, some board members at The Hammocks were arrested, accused in a scheme to steal millions of dollars in monthly association fees paid by homeowners.
The Hammocks homeowner Ana Danton who said she suffered the arbitrary fines, harassment, and lack of transparency from the HOA.
"We finally have the opportunity to contract and hire vendors, like management companies, that are going to serve our interests and not themselves," said Danton.
The new law requires HOA transparency:
- Every HOA must keep its official records (bylaws and amendments, current rules, meeting minutes, tax returns, voting records) for at least seven years. They cannot be destroyed within that time - or it's a first-degree misdemeanor.
- HOA must provide notice and agendas for any scheduled meeting of its members at least 14 days in advance.
"But the DBPR still does not have enforcement power for it," said De Jesus, still doubtful of the effectiveness of the new law.
The Department of Business and Professional Regulation (DBPR) lacks the funds and manpower to handle complaints against HOAs all over Florida.
"Unfortunately, DBPR has not come to the table and asked to do the work that is required, but we're still fighting," said Porras.
Here are some of the things that an HOA will not be able to do as of July 1st.
- Ban homeowners or their invited guests from parking personal, business, or first responder vehicles (including pickup trucks) that are not commercial vehicles.
- Ban contractors or workers from the homeowner's property.
- Require review and approval of plans for central air conditioning, refrigeration, or ventilation system that isn't visible from the street.
Homeowner associations also will not be able to fine residents for leaving garbage cans at the curb or the end of their driveway within 24 hours of a scheduled trash collection.
Homeowners who live in an HOA community are being urged to read the new law to know their rights.