Breaking down Florida's new laws surrounding HOAs (2024)

TAMPA, Fla. — It's official: homeowners associations statewide now have tighter restrictions on some bans and fines in the state.

Here's some of the highlights:

Fines, Suspensions, and Liens

Associations must have a hearing before a committee to review a fine or suspension issued by the board, and the bill:

  • Requires the 14-day notice of the parcel owner’s right to a hearing to be in writing;
  • Requires the hearing to be held within 90 days of the notice of hearing;
  • Allows the committee to hold the hearing by telephone or other electronic means;
  • Requires written findings related to the violation to be provided within seven days of the hearing, the date the fine must be paid or the suspension fulfilled;
  • Requires the date by which the fine must be paid to be at least 30 days after delivery of the written notice of the committee’s decision; or
  • Prohibits attorney fees and costs based on actions taken by the board before the date set for the fine to be paid;
  • Allows that, if a violation and the proposed fine or suspension is not cured or the fine is not paid, reasonable attorney fees and costs may be awarded to the association, but may not begin to accrue until after the payment date of the fine or the appeal time has expired.

The bill prohibits homeowners’ associations from issuing a fine or suspension for:

  • Leaving garbage receptacles at the curb or end of the driveway less than 24 hours before or after the designated garbage collection day or time.
  • Leaving holiday decorations or lights up longer than indicated in the governing documents, unless such decorations or lights are left up for longer than one week after the association provides written notice of the violation to the parcel owner.

The bill also provides that homeowners’ associations may not prohibit a homeowner or others from parking:

  • A personal vehicle, including a pickup truck, in the property owner’s driveway or in any other area where they have a right to park.
  • A work vehicle, which is not a commercial motor vehicle, in the property owner’s driveway.
  • Their assigned first responder vehicle on public roads or rights-of-way within the homeowners’ association.

In addition, the governing documents may not prohibit a property owner from:

  • Inviting, hiring, or allowing entry to a contractor or worker on the owner’s parcel solely because the contractor or worker is not on a preferred vendor list of the homeowners’ association or does not have a professional or occupational license.
  • Operating a vehicle in conformance with state traffic laws, on public roads or rights-of-way or the property owner’s parcel, unless the vehicle is a commercial motor vehicle.

Following our coverage of the bill, viewers reached out to us with their questions and attorney Sean Lopez has the answers.
Denise

Included were pictures of company vehicles that were longer than the driveways - blocking sidewalks. Also parked on the lawn. Can HOA parking restrictions included unblocked sidewalks and not parking on the lawns?

Denise

'Parking on the street is going to be perfectly acceptable under the new set of laws'

Alan

Does the law apply if your HOA roads are private; ie not dedicated?

Alan

'If the road is private, that actually is going to bear more in the favor of the [HOA]'

Lynn

I live in a community that does not allow motorcycles! You can't drive them on the streets OR park them on ANY part of your property including the driveway.

This has led residents to either seek storage elsewhere ( at a price) or sell their motorcycles outright. Is this legal? Will it be legal with the new law?

Lynn

'I'd say you can't ban the use of a motorized vehicle such as a motorcycle'

Glenn

I live in a COA and a lot of the older owners and some board members say this law doesn’t apply to us. I question the validity of that statement.Interested in finding out how broad that HOA definition is. 

Glenn

'There is a distinction between Condo Associations and Homeowners Associations'

Jack

Was there any mention of HOA Rules for parking boats in your own driveway? We want to get a medium sized boat but do not want to pay to store it. THANKS!

Jack

'As far as boats are concerned, that hasn't been addressed yet'

Lopez added further clarity in an email to this question.

"Under the new laws, they can freely store the boats in the backyard as opposed to prior years. However, it cannot be seen from the side or front of the home. I attached the language from the statute below:

Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles."

Breaking down Florida's new laws surrounding HOAs (1)

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A Pasco county resident says county contractors left a project on her property unfinished, leading to huge holes in the yard of her rental home, including one that swallowed her electrical transformer.

Florida woman says repair project created 'dangerous situation' including a fire, open holes and gators

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Breaking down Florida's new laws surrounding HOAs (2024)
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