TALLAHASSEE, Fla. – Florida homeowners living in HOA communities may be able to take a breath this summer.
A new law going into effect July 1 could give them some of their freedom back.
Gov. Ron DeSantis signed House Bill 1203, which will minimize the overbearing HOA fines.
HOAs usually charge fines to tend to community maintenance needs and to penalize residents who violate the rules.
Nicole Joyce has been a homeowner in Baldwin Park for three years.
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“We love Baldwin Park. It’s a great neighborhood,” Joyce said.
But she has noticed that the community is very strict.
Her family was fined twice after forgetting to roll their trash back into their garage.
“There’s no warnings. They’re just like, ‘Oh, by the way, here’s your fee,’” Joyce said. “We try to be very diligent about bringing our trash cans in, but sometimes you just miss it.”
Joyce said they were charged $400 for each violation.
“For those who are on a fixed income, I mean, that’s substantial,” Joyce said.
The law 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 law also says that HOAs 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.
Attorney Jennifer Englert of The Orlando Law Group said that some of her clients have received fines for similar issues and time limits, including taking down holiday and Christmas lights.
But the new law makes it clear: “If you get caught up and you just can’t get those Christmas lights down, you’ve gotta get some warning,” Englert explained.
Joyce thinks this law will help a lot of homeowners.
“I understand we need to keep the neighborhood beautiful. I get it. That’s why we all move here and want to be here, but just be a little bit more relaxed, and if it’s behind their walls and their fences, let people do what they want to do as long as it’s not hurting their neighbor,” Joyce said.
There will also be relief for people who have company take-home vehicles with logos, like police and firefighters, who have not been able to park in their own driveways.
“Work vehicles are able to be parked in your driveway without a violation,” Englert told News 6.
Other changes include:
- An HOA with 100 or more parcels must post certain official records on the HOA’s website by Jan. 1, 2025.
- Community Association Managers and HOA directors must satisfy educational requirements.
- HOAs may not limit the interior of a home when that space can’t be viewed from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOAs may not require the review and approval of plans for a central A/C, refrigeration, heating or ventilation system by the HOA if such system is not visible from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOAs may not prevent a homeowner from installing vegetable gardens if they aren’t visible from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOA officers, directors or managers could face criminal penalties for accepting a kickback.
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