Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks.
Fining and Suspension of Use Rights: Under the new law, fining/suspension hearings must be held within 90 days after issuance of written notice of the parcel owner’s right to a hearing. Fining/suspension hearings may be held by telephone or other electronic means. The legally mandated committee must present its written decision within 7 days of the hearing.
The new law also provides that “if a violation has been cured before the hearing or in the manner specified in the written notice,” a fine or suspension may not be imposed. It is not clear what this was intended to accomplish or how it is supposed to work. While “ongoing” violations (such as an unapproved architectural alteration) can be “cured” (for example by removing it), many violations are single incidents that cannot be cured. Loud parties, speeding, and improper pet waste disposal are a few of many examples. How are such violations “cured”?
To add a bit more sauce to the pot, the new law also provides that fines or suspensions cannot be levied for leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time. Likewise, fines and suspensions may not be imposed for leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner.
Pickup Trucks: Section 720.3075 of the Florida Homeowners’ Association Act was originally added to the statute in 1998 to protect consumers against sharp practices by developers. The law is now being expanded to regulate the content of governing documents regarding operational/lifestyle issues.
The statute now precludes the governing documents of a homeowners’ association from precluding a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her personal vehicle, including a pickup truck, in the property owner’s driveway, or in any other area at which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations. The homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit, regardless of any official insignia or visible designation, a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a commercial motor vehicle as defined in the Florida statutes.
In general, this portion of the statute has been interpreted/applied to be a prospective regulation on the contents of newly created HOA governing documents. Unless and until addressed by the courts, there is an open question whether this provision can be retroactively applied, though I would argue it cannot be. In addition to retroactive application, there are many other open questions including the effect of the law if the documents incorporate future changes to the statute, or if the documents are amended. These questions will undoubtedly be the subject of much debate, and probably litigation, in the coming months and years.
Next week, we will continue with our review of the new HOA laws.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.