On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they are aware of these new changes, and ensure that they are in compliance.
Background of Homeowners’ Associations’ Rules and Declaration of Covenants
HOAs are formed within residential communities, where membership is mandatory for all parcel owners. Each member of the HOA is governed by and is obligated to comply with the declaration of covenants and the rules of the community. The declaration of covenants establishes the basic covenants and restrictions for the community. For example, the declaration of covenants may require that homeowners maintain their yard free of weeds, prohibit commercial vehicles from being parked in a driveway, prohibit certain types of plants and flowers, and restrict the type of fence that can be installed on the property. The declaration of covenants typically also requires that homeowners pay the HOA assessments.
The HOA, through its elected board of directors, enforces the declaration of covenants and the rules of the community, and may issue fines to homeowners who fail to comply. The HOA’s and the board’s powers and duties are outlined in the declaration of covenants, as well as Chapter 720, Florida Statutes (the Homeowners’ Association Act). Since the HOA is permitted to issue fines to homeowners who fail to comply with the rules or declaration of covenants, it is imperative that homeowners are aware of what they are permitted, and not permitted, to do in the community.
Effect of HB 59
HB 59 amended Section 720.303, Florida Statutes, to provide new requirements for HOAs to provide copies of the HOA’s declaration of covenants and rules to each member of the HOA. Effective July 1, 2024, HOAs are now required to:
- Provide a physical or digital copy of the HOA’s rules and covenants to every member of the HOA before October 1, 2024;
- Provide a physical or digital copy of the HOA’s rules and covenants to every new member of the HOA; and
- If the HOA’s rules or covenants are amended, then the HOA must provide every member of the HOA with an updated copy of the amended rules or covenants. The HOA is permitted to adopt rules establishing standards for the manner or distribution and timeframe for providing members of the HOA with copies of the updated rules or covenants.
If the HOA maintains a website that is accessible to all association members, and the HOA sends notice to the members of its intent to utilize the website for the purpose of providing members with a copy of the HOA’s rules and covenants in accordance with Section 720.303, Florida Statutes, then the HOA may meet the requirements of HB 59 by posting a complete copy of the HOA’s rules and covenants, or a direct link thereto, on the homepage of the HOA’s website. The notice must be sent to each member of the HOA, as follows:
- via email, if the HOA member has an email address on file and the HOA member has consented to receive notices by email; and
- via mail to the address identified in the member’s mailing address in the official records of the HOA.
Conclusion
HB 59 ensures that all members of an HOA are fully aware of the covenants and restrictions, as well as the rules, of the community. HOAs and Community Association Managers must ensure that they provide copies of the declaration of covenants, as well as the rules, to each member of the HOA by the October 1, 2024 deadline, and ensure that it provides copies of the declaration of covenants and the rules to all new members moving forward. Also, if the HOA amends the declaration of covenants or its rules, the HOA must ensure that it provides updated copies of the amended declaration of covenants or amended rules to each member of the HOA moving forward.