Today’s column is the seventh and final 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 architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous changes.
Architectural Control: Section 720.3035 of the Florida Homeowners’ Association Act, first enacted in 2007, has been amended to prohibit a board or architectural committee from enforcing or adopting a covenant, rule or guideline that limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course.
The new statute also prohibits a requirement for review and approval of plans and specifications for a central air conditioning, refrigeration, heating, or ventilating system if such system is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course and is substantially similar to a system that is approved or recommended by the association or a committee thereof. The retroactive impact of these changes is subject to debate.
The new statute also requires that if an architectural request is denied, the association must provide written notice of the denial, including with specificity the rule or covenant which served as the basis for the denial.
Disclosures: Before October 1, 2024, all homeowners’ associations must provide a physical or digital copy of the association’s rules and covenants to every member of the association. An association must also provide a physical or digital copy of the association’s rules and covenants to every new member. Amendments must also be provided to every member of the association, with an updated copy of the amended rules or covenants.
The law can be complied with by posting a complete copy of the association’s rules and covenants, or a direct link thereto, on the homepage of the association’s website. If this method is used, the new law sets forth specific procedures as to how members must be notified of this resource.
Hurricane Protection Standards: Unlike other changes to the HOA statute this year, which leave plenty of room to argue about retroactive application to existing associations, this law is specifically stated to be applicable to existing associations.
Every HOA board must now adopt “hurricane protection specifications” which may include color, style, and other factors deemed relevant by the board. Hurricane protection is defined to include: roof systems; permanent fixed storm shutters; roll-down track storm shutters; impact-resistant windows and doors; polycarbonate panels; reinforced garage doors; erosion controls; exterior fixed generators; and fuel storage tanks.
The association’s specifications must comply with the applicable building code. The association may not deny hurricane protection enhancement requests from owners that comply with the association’s specifications. The association may require that the owner adhere to an existing unified building scheme regarding exterior appearance.
Other Changes: The new statutes made many other changes to the Homeowners’ Association Act, some more substantial, some relatively minor. Here are few of the highlights.
The new statutes contain prohibitions against HOA covenants that prohibit or restrict the use of certain types of energy resources, including natural gas. There is a new establishment of deadlines to respond to law enforcement subpoenas. The new statutes prohibit the use of debit cards by HOA’s. The statutes spell out more activities which constitute “fraudulent voting activities,” supplementing the changes that were made in 2023. The assessment of “compound interest” in collection of delinquent assessments is now prohibited. Owners may consent to electronic voting using e-mail.
Today’s column concludes our annual legislative review. Next week, we will continue with the regular Q&A format.
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.