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New Florida law adds changes to HOA fines, new regulations

HOA Law
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TAMPA, Fla. — Love them or hate them, HOA's are common in Florida neighborhoods. State leaders say 45% of Florida homes are part of an HOA.

But there's changes ahead for the homeowner's association in the state.

Governor Ron DeSantis recently signed multiple laws surrounding the organizations and what they can and can't do.

House Bill 1203 has a long list of changes that can be found here.

Highlights from the bill include:

  • Provide written notice to the parcel owner of the rule or covenant relied upon when denying the request for the construction of a structure or other improvement;
  • Not place limits on the interior of a structure or require review of HVAC, refrigeration, heating, or ventilating system not visible from a parcel’s frontage, an adjacent parcel, common area, or community golf course, if a substantially similar system has been previously approved; and
  • Not prevent a homeowner from installing or displaying vegetable gardens and clotheslines in areas not visible from the frontage or an adjacent parcel, an adjacent common area, or a community golf course.
  • 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 homeowner's association.
  • Prohibits homeowner's 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.

"I definitely don't mind following the rules. I want a cleaner community, which is what's the purpose of the HOAs, but they tend to take it six steps higher," said Michael Moffa.
We first told you about Michael Moffa and his issue with his HOA back in 2021. His HOA issued him a fine for putting his holiday decorations up too early.

While his HOA changed their rules on holiday decorations months after our story, I talked to Moffa to get his take on the new changes coming down from the state.

"The fact that I almost had to be fined tens of thousands of dollars for putting up Christmas decorations early and fighting that battle and winning and the fact that they changed the rules because of that outcome. This only shows you that there's a lot lot more to go," he said. "I hope that you know it was part of our story; with the help of the media as well. And so kind of glad that that this went into effect."

Moffa sees this as a start, but hopes to see more regulations down the road for HOA's.

"There should not be people on HOA boards, or whatever boards or directors for decades," he said. "There's no changes. It's the same mundane excuses, same mundane denials."

The law goes into effect July 1st.

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