Navigating HB 1203: Changes Impacting Homeowners’ Associations in Florida

Part II: New Rights and Protections for Homeowners

On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida.  Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against a HOA limiting or placing requirements on the interior of a home, and prohibitions against a HOA from preventing a homeowner from installing or displaying a vegetable garden.

This blog dives into new changes effecting homeowners, including homeowners’ right to install or display a vegetable garden and clotheslines on their property in certain circumstances, right to maintain the interior of a home without prohibition by the HOA in certain circumstances, and right to obtain a detailed accounting of amounts owed to the HOA.

Right to Install Vegetable Garden & Clotheslines

When homeowners purchase a home in a HOA, the HOA’s governing documents may prohibit a homeowner from installing or displaying certain items on a homeowner’s property.  However, Florida law prohibits a HOA from prohibiting a homeowner from installing or displaying certain items that are not visible from the front of the parcel or from an adjacent property, such as artificial turf, boats, flags, and recreational vehicles.  See Fla. Stat. § 720.3045.  

As of July 1, 2024, HOAs are now prohibited from preventing a homeowner from installing or displaying a vegetable garden and clotheslines, so long as it is not visible from the front of the parcel, adjacent property, an adjacent common area, or the community golf club. See id.

Right to Maintain Interior of Home

The HOA, or its architectural review board or other similar committee, is permitted to require a review and approval of certain plans or changes on a homeowner’s property before the homeowner is permitted to make such improvement.  However, HB 1203 makes clear that the HOA is prohibited from enforcing or adopting a rule, covenant, or guideline that:

• Limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage, adjacent parcel, adjacent common area, or community golf course; or
• Requires the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilation system, if such system is not visible from the parcel’s frontage, adjacent parcel, adjacent common area, or community golf course, and is substantially similar to a system that is approved or recommended by the HOA.  See Fla. Stat. § 720.3035(1)(b).  

Right to Request Detailed Accounting

HOAs are required to maintain certain records, including the current account of each member.  As of July 1, 2024, HOAs are now required to provide a detailed accounting of any amounts a homeowner owes to the HOA upon written request.  After a homeowner makes a written request for a detailed accounting, the HOA must provide such information within 15 business days after receipt of the written request.  Once a request is made, the homeowner is not permitted to make another request for detailed accounting for 90 calendar days. 

If a HOA fails to provide a detailed accounting within 15 business days, such failure constitutes a complete waiver of any outstanding fines which are more than 30 days past due, and which the HOA has not given prior written notice of the imposition of the fines. See Fla. Stat. § 720.303(14).

Conclusion

CS/CS/HB 1203 create significant changes impacting to homeowners’ associations in Florida.  In addition to enhancing rights and protections for homeowners by prohibiting homeowners’ associations from not permitting a homeowner to install a vegetable garden and clotheslines in certain circumstances, restricting what a homeowners can do with the interior of their homes in certain circumstances, and allowing homeowners to request a detailed accounting of amounts owed to the association, CS/CS/HB 1203 also created significant changes impacting the HOA board and community association managers. For more information, refer to Part I of this blog series.