New HOA Laws Signed by Governor DeSantis: What They Mean for Palm Bay Homeowners
New HOA Laws Signed by Governor DeSantis: What They Mean for Palm Bay Homeowners
Recent legislation brings significant changes to homeowners' associations in Florida, enhancing transparency, safety, and homeowner rights.
Interactive edition of this story.
PALM BAY, FL — Governor Ron DeSantis has signed several new bills into law in 2024 that will significantly impact homeowners' associations (HOAs) across Florida, including those in Palm Bay. These laws aim to enhance transparency, safety, and homeowner rights. Here’s a breakdown of the new legislation and what it means for Palm Bay residents living in HOA communities.
House Bill 59: Provision of Homeowners' Association Rules and Covenants
Effective Date: July 1, 2024
Key Provisions:
HOAs must provide a physical or digital copy of the association’s rules and covenants to every member by October 1, 2024.
New members must receive these documents upon joining.
Updated copies must be provided whenever rules or covenants are amended.
HOAs can meet this requirement by posting the documents on their website and notifying members via email or mail.
Impact on Palm Bay Homeowners: This law ensures that all homeowners are well-informed about the rules governing their community, promoting transparency and reducing misunderstandings. Homeowners will have easy access to the governing documents, which can help in resolving disputes and ensuring compliance with community standards.
House Bill 293: Hurricane Protections for Homeowners' Associations
Effective Date: May 28, 2024
Key Provisions:
HOAs must adopt hurricane protection specifications for structures governed by the association.
Specifications must comply with building codes and may include color and style of hurricane protection products.
HOAs cannot deny applications for hurricane protection installations that conform to these specifications.
Impact on Palm Bay Homeowners: This law enhances community safety by ensuring that all homes have adequate hurricane protection. Homeowners can now install or upgrade hurricane protection measures without fear of denial from their HOA, provided they meet the specified guidelines. This is particularly important in hurricane-prone areas like Palm Bay.
House Bill 1203: Homeowners' Associations
Effective Date: July 1, 2024
Key Provisions:
HOAs must store essential documents digitally and make them accessible online or through a mobile app.
Larger HOAs (with 1,000+ units) must have their finances audited.
HOA board members must take educational courses to better understand their roles and responsibilities.
New rules limit the ability of HOAs to fine homeowners for minor infractions and require written notice for violations.
HOAs can offer electronic voting if members agree.
Impact on Palm Bay Homeowners: This comprehensive bill aims to improve transparency, financial accountability, and governance within HOAs. Homeowners will benefit from easier access to important documents and more transparent financial practices. The educational requirements for board members will help ensure that they are well-equipped to manage the community effectively. Additionally, the limitations on fines for minor infractions will protect homeowners from arbitrary penalties.
House Bill 979: Estoppel Certificate Process
Effective Date: July 1, 2024
Key Provisions:
Prohibits community associations from charging fees for the preparation and delivery of estoppel certificates.
Shortens the deadline for the preparation and delivery of estoppel certificates from 10 business days to 5 business days.
Requires associations to pass an annual resolution to establish the authority to charge a fee for preparing an estoppel certificate.
Eliminates additional fees such as convenience fees, archive fees, service fees, processing fees, delivery fees, credit card fees, certification fees, third-party fees, or any other fee or charge.
Modifies the payment schedule for estoppel preparation fees, making the fee due at the time of property closing rather than upon order.
Allows associations to recover outstanding fees using the same process as they would for collecting assessments.
Impact on Palm Bay Homeowners: This law aims to streamline the real estate transaction process and reduce the financial burden on homeowners by eliminating various fees associated with estoppel certificates. Homeowners looking to buy or sell property in Palm Bay will benefit from a more straightforward and cost-effective process. The shortened delivery timeline will help expedite real estate transactions, reducing delays and providing greater certainty for buyers and sellers. However, associations may need to adjust their financial planning to accommodate the loss of revenue from these fees, potentially impacting overall community budgets[1][2][3][4][5][6][7][8][9][10].
Conclusion
These new laws represent a significant step forward in enhancing the governance, transparency, and safety of homeowners' associations in Florida. For Palm Bay residents, these changes mean better access to information, improved community safety, and greater protection of homeowner rights. As these laws take effect, it is crucial for homeowners and HOA boards to stay informed and ensure compliance to foster a harmonious and well-managed community.
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