Florida HOA law changes are new to the neighborhood

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Florida HOA law changes are new to the neighborhood

5/1/24

You’ve heard of the wild real estate scene in Florida since 2020. But unless you’re familiar with the residential subculture of homeowners’ associations, you may not realize how prevalent they are or that the combination of federal law and Chapter 720 of the Florida Statutes fundamentally impacts their operations. With that, the Florida Legislature’s express purpose is a balancing act between protecting the rights of HOA members, without unduly burdening the HOA Board’s ability to function within their governing documents. Recent changes in the law alter HOA Board authority, member rights, and corporate disclosure requirements.

Florida Statute § 720.3045

As of July 1, 2023, property owners now have a statutory right to install, display or store anything on their property at their discretion, so long as it is not visible from the front or side of the property. This statute looks to achieve the delicate balance: allowing property owners’ freedom to use their property how they wish, but accounting for the HOA’s uniform design or aesthetic goals.

Florida Statute § 720.3075

Though it may seem like another small win for the property owner, § 720.3075(3) now also allows for the display of up to two flags, of wider variety with representations for military branches, POW-MIA, first responders, and more. Previously, property owners were statutorily restricted to display only the U.S. flag or state flag of Florida.

Florida Statute § 720.303

In October 2023, the Florida Legislature revised Chapter 720 with what has been dubbed the “Homeowners’ Associations Bill of Rights” under section 720.303. In part, revisions to the act place greater emphasis on ramifications for wrongdoing by any officer and more strict standards for imposing any fine/suspension on members:

HOA meeting notices must “specifically identify agenda items” for board meetings
HOA Board must remove any officer that is charged with certain offenses such as forgery of a ballot used in an HOA election, theft/embezzlement of HOA funds, or obstruction of justice
No fines or suspensions can be imposed on a member for violation of the HOA governing documents until a 14-day notice is issued delineating (1) a description of the violation; (2) specific action to cure the violation; and (3) date and location of a hearing on the issue, if any

The Federal Corporate Transparency Act

As of January 1, 2024, certain reporting companies, including HOAs, must disclose certain information relating to the association, including its directors and officers as its “beneficial owners” to the U.S. Treasury’s Financial Criminal Enforcement Network (FinCEN). In part, “beneficial owners” of the association are defined to include individuals who directly or indirectly exercise substantial control over it. With this, directors will be identified by name, DOB, address, and applicable government identification data. There are civil and criminal penalties for failure to provide the information, consistent with the Act’s goal to combat fraud, money laundering, or illicit activity via a Satriale’s Pork Store, A1A Car Wash, or your front of choice. Community associations that existed prior to January 1, 2024 must report information to FinCEN no later than January 1, 2025.

For more information, contact Jessica Cauley or your local FMG attorney.

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